Did you know you can apply for Social Security Disability or SSI benefits online?

If you had to stop working because of a sickness or injury and expect to be out of work for at least 12 months, the Social Security Administration has made it very easy to apply for Social Security Disability. Simply go to the Social Security website at http://ssa.gov/applyfordisability/ and fill out the forms online. There are 2 main forms: The Disability Application and the Disability Report.

You will need the following information for each of the forms to complete your application for Social Security Disability or SSI:

DISABILITY APPLICATION

• Military Service discharge information (Form DD 214) for all periods of active duty.

• W-2 Form (or your IRS 1040 and Schedules C and SE if self-employed) from last year.

• Social Security Number(s) for your spouse and minor children.

• Checking or savings account number and bank routing number, if you want Direct Deposit for your benefit checks.

DISABILITY REPORT

• Name, address and phone number of someone we can contact who knows about your medical conditions and can help with your claim.

• Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
  NOTE: You may want to refer to any Medical Records you have.

• Names of medicines you are taking and who prescribed them.
  NOTE: You may want to have your medicine bottles available.

• Names and dates of medical tests you have had and who sent you for them.

• Types of jobs and dates you worked for your last 5 jobs.

• Information about any insurance or workers' compensation claims you filed, such as claim number and name, address and phone number of insurance company.

You can also apply by phone or in person at a Social Security office, but the online application is the way we recommend people apply these days.

Although you do not need a disability benefit attorney to file your application, having a consultation before you apply can be very helpful. Speak to a Social Security disability attorney that will give you a free consultation to get some tips on how to help your claim for Social Security Disability and SSI.

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 ERISA?

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, Health, and Life Insurance benefits that are offered by private employers are covered by ERISA. 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.

No matter which lawyer your hire, if you have a group benefit claim covered by ERISA, make sure your lawyer has experience handling ERISA cases. There are many differences between ERISA cases and insurance claims regulated by state laws, and if you or your lawyer do not know those differences and how to handle them, it can hurt your case. ERISA Attorney John Tucker is an experienced attorney who has handled over 1000 ERISA benefit claims of all types, including disability insurance, health insurance, life insurance, accidental death, 401k, and pension cases.

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.

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.

Overhead Expense Insurance - Disability Coverage for Business Owners

If you are self-employed, what would happen to your business and employees if you became disabled? Many of my clients come to see me about claims under their Individual Disability insurance coverage, but most have not thought to buy Overhead Expense coverage to supplement their private or group disability insurance. Worse, some do not even know that their insurance agent had the forethought to have them buy Overhead Expense coverage, and they forget to make a timely claim for Overhead Expense benefits.

What is Overhead Expense Insurance? Overhead Expense coverage pays benefits to a business owner in case they (or one of their co-owners or partners) become disabled due to a sickness or injury. The idea is that you want to keep your business going while you are trying to recover from a serious illness or injury. It usually pays for no more than 2 to 3 years.

What Does Overhead Expense Insurance cover? It depends upon the particular policy (and you should always read the policy language to be sure), but typically Overhead Expense coverage will pay for things like insurance, office supplies, postage, rent, salaries, utilities, etc.

Do you have to be disabled from any occupation or just the role of business owner? Again, the policy language will address this. If you are in the market for this type of insurance, tell your insurance agent that you want coverage that defines disability as your inability to engage in all of the duties of your occupation. They call this "own occupation" coverage. That way, if you cannot do part of your job, then the benefits kick in. Insurance companies have many different types of policies though, so beware that you are not buying something that has a very narrow definition of disability that you may never meet.

Who Should Buy Overhead Expense Insurance? Any business owner or group of owners that are concerned about how the business will stay afloat if one or more owners becomes disabled. This is particularly key in new or small businesses.

I often represent business owners and professionals that wish they had this coverage when they become disabled. Consider a small business that employs 10 people, but the owner plays a key role in providing the service or product. If the owner gets cancer and is treated for a year, but cannot work, Overhead Expense coverage may save their business. Without it, they may have to start over after they recover. Alternatively, it may buy some time for them to sell the business while they recover or if they decide they cannot return to work due to their disability.

FREE INSURANCE POLICY REVIEW: Tucker & Ludin, P.A. provides free insurance reviews for anyone who wants to have their disability insurance coverage analyzed. If you want an 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. The time to understand your disability insurance and know what you bought is BEFORE you become disabled. Call us at (866) 282-5260 to schedule your free insurance review.

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.