The U.S. Department of Veterans Affairs has made it easier for Veterans to make a claim for disability based on Post Traumatic Stress Disorder ('PTSD'). In the coming weeks, I will discuss the changes, but here are a few links to internet sources discussing the amended PTSD regulations. As always, you should read the regulation itself to know exactly what the law is, but these links offer an introduction into what VA recently changed when it amended its regulations regarding PTSD claims.
Charlotte Observer
Huntington News Network
PennLive.com
PRN Newswire
San Diego Radio Station KBPS (audio and transcript of good interview)
VetsFirst
Comment: Again, read these stories as an introduction and summary to the new PTSD regulations. One of the biggest problems in making a claim for VA compensation based upon a disability that came from PTSD has been connecting the Veteran's PTSD to their time in service. The new VA regulations appear to make this easier. Look for more comment on the new PTSD regs in the coming weeks here on Tucker's Disability Benefits 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.
Monday, July 19, 2010
Sunday, July 18, 2010
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.
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.
Saturday, July 17, 2010
Retirees' Bankruptcy Protection Act Applies Over ERISA According to Federal Appeals Court
In a ruling that will apply to all types of retiree employee benefits, a federal appeals court has ruled that a corporation in bankruptcy may not terminate retiree health and life insurance plans unless the company can show that terminating a plan is a necessary part of its reorganization. Even if the language of its benefits plans reserves the right to terminate the plan to the company, it will have to continue the benefit plan(s). The case, In re: Visteon Corp., required the court to determine whether the Retiree Benefits Bankruptcy Protection Act ('RBBPA') should be applied over ERISA, the Employee Retirement Income Security Act, the main federal law that governs employee benefits. The Third Circuit Court of Appeal held that the bankruptcy law applied to all employee benefits. In applying the RBBPPA, the court concluded that Congress meant to give special protection to retired employees in the bankruptcy process.
Comment: This is a significant ruling. Previously, the lower courts that considered this issue allowed employers to terminate their benefit plans whether or not they could show that plan termination was a necessary part of a reorganization. The decision is being hailed as a victory for labor, because the longstanding view was that an employer with a plan that had language which allowed termination in its terms could basically end the plan any time the employer desired. It would not be surprising to see this issue decided by the U.S. Supreme Court in the future.
For the complete story about the case, visit Law.com.
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.
Comment: This is a significant ruling. Previously, the lower courts that considered this issue allowed employers to terminate their benefit plans whether or not they could show that plan termination was a necessary part of a reorganization. The decision is being hailed as a victory for labor, because the longstanding view was that an employer with a plan that had language which allowed termination in its terms could basically end the plan any time the employer desired. It would not be surprising to see this issue decided by the U.S. Supreme Court in the future.
For the complete story about the case, visit Law.com.
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
CBS News reported that Social Security is expecting over 3.3 million people to apply for Social Security Disability in 2010. That is an increase of 300,000 over last year, and 700,000 over 2008.
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.
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.
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