Social Security to Open New Hearing Offices

Social Security Commissioner Michael Astrue announced at a congressional hearing on March 24, 2009, that plans are in the works to open ten new hearing offices in an effort to reduce the disability backlog. The new locations will be:

• St. Petersburg, FL
• Tallahassee, FL
• Atlanta South, GA (Covington)
• Topeka, KS
• Livonia, MI
• Mt. Pleasant, MI
• Fayetteville, NC
• Akron, OH
• Toledo, OH
• Madison, WI

Three new National Hearing Centers will also open in the following locations:

• Albuquerque, NM
• Chicago, IL
• Baltimore, MD

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 TIP: How Long Will It Take to Resolve Your Disability Claim?

The amount of time it will take to resolve your disability claim (before filing a lawsuit) will vary according to the type of claim (insurance or Social Security) and how the claim progresses. Keep in mind that some Social Security offices and some insurance companies take more or less time, but here are some general guidelines:

Social Security Disability

1. You apply for benefits

2. Expect 3 - 6 months to receive a decision

3. If you are denied, you have 60 days to appeal (request reconsideration)

4. Expect 3 - 6 months to receive a reconsideration decision

5. If you are denied, you have 60 days to appeal (request a hearing)

6. Currently, it takes between 16 - 24 months for your hearing to be scheduled

7. Expect 1 -3 months to receive a decision from a judge after the hearing

8. Expect 1 -3 months to receive your first benefit payment if you are approved

9. If your claim is denied, it will take an additional 4 - 24 months for further appeals

Long Term Disability (ERISA claims)

1. You apply for benefits

2. Expect 1 - 2 months to receive a decision

3. If you are denied, you have 180 days to appeal

4. The insurance company has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

5. If you are denied, you may have an opportunity to appeal again. Your plan document will tell you how long you have to appeal.

6. If you appeal again, your insurance company again has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

7. If you are denied and you are not entitled to any more appeals, you can file a lawsuit. The statute of limitations to file a lawsuit depends on the plan document provisions and the state in which you live

REMEMBER: Be patient. The time it takes the Social Security Administration or the insurance company to make a decision is out of you or your attorney's control. Keep in mind that these are general guidelines and each phase may take more or less time.

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.

National Pain Care Policy Act of 2009 (H.R. 756)

For many of our clients, pain is a primary disabling condition, whatever the underlying cause. That is why we applaud any research efforts related to pain management.

The U.S. House of Representative’s Energy and Commerce Committee approved the National Pain Care Policy Act of 2009 (H.R. 756). The legislation will now move to the full House for consideration and then travel to the U.S. Senate.
If signed, the National Pain Care Policy Act of 2009 would work to combat pain by authorizing a Pain Consortium at the National Institutes of Health (NIH) to expand research on causes and treatments for pain; providing comprehensive pain care education and training for healthcare professionals; creating a national public awareness campaign on pain management; and by authorizing an Institute of Medicine conference on pain management.

To read the Bill in its entirety, go to http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.756:.

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.

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.

How to Get Military Service Records

In our Veterans Disability cases, we often have to get the vet's military service record. You can help yourself by getting the full record early in your VA claim. Here is a link to a page at the U.S. National Archives website to get you started: http://www.archives.gov/veterans/military-service-records/standard-form-180.html. It offers the necessary form and directions for how to get those records.


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.