Nortel Networks, once a strong player in the telecommunications market with over 8000 employees, has announced that as part of its bankruptcy it will terminate Long Term Disability, retiree and other benefits to employees in the United States on August 31, 2010. The company also announced that it will terminate the employment of those employees receiving Long Term Disability benefits.
Unfortunately, ERISA - the Employee Retirement Income Security Act, the federal law that governs employee benefits - offers no protection for people who make Long Term Disability ('LTD') claims under an employer's self-funded LTD plan if the employer later goes bankrupt. Compared to an insured plan where an employer buys a group insurance policy to pay claims, self-funded ERISA plans are paid from a company's general funds. Although pensions have some limited protection under ERISA, other benefits like Long Term Disability plans typically do not survive bankruptcy.
If one can afford it, it is almost always better to supplement any company funded disability or life benefits with private insurance policies. Having a private policy gives piece of mind to an employee that they will still have disability or life insurance, even if their employer goes bankrupt.
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.
Friday, July 2, 2010
Wednesday, June 30, 2010
My doctor says I am limited to "Light Duty." Why was my disability claim denied?
To doctors, restricting you to "light duty" usually means that you need some kind of accommodation to perform your job. This can include a reduction in work hours, performing less physically or mentally demanding tasks, and having fewer duties.
However, when your doctor says you can do "light duty," the Social Security Administration and many insurance companies will assume that means you can perform "light work," which is not always the same thing.
In classifying the type of work that you can do, Social Security and most insurance companies rely on the definitions found in the Dictionary of Occupational Titles, a publication of the U.S. Department of Labor. Light work is defined as:
Light Work - exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly (Constantly: activity or condition exists 2/3 or more of the time) to move objects. Physical demand requirements are in excess of those for Sedentary Work. Even though the weight lifted may be only a negligible amount, a job should be rated Light Work: (1) when it requires walking or standing to a significant degree; or (2) when it requires sitting most of the time but entails pushing and/or pulling of arm or leg controls; and (3) when the job requires working at a production rate pace entailing the constant pushing and/or pulling of materials even though the weight of those materials is negligible.
For the most part, if you are able to do light work, you are also considered to have the ability to perform sedentary work as well. "Sedentary" is the term for jobs that are typically done in seated in a chair. These classifications encompass a wide range of jobs in the national economy at all education and skill levels.
In a Social Security claim, if you can perform the full range of light work, your claim will be denied unless you are:
However, when your doctor says you can do "light duty," the Social Security Administration and many insurance companies will assume that means you can perform "light work," which is not always the same thing.
In classifying the type of work that you can do, Social Security and most insurance companies rely on the definitions found in the Dictionary of Occupational Titles, a publication of the U.S. Department of Labor. Light work is defined as:
Light Work - exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly (Constantly: activity or condition exists 2/3 or more of the time) to move objects. Physical demand requirements are in excess of those for Sedentary Work. Even though the weight lifted may be only a negligible amount, a job should be rated Light Work: (1) when it requires walking or standing to a significant degree; or (2) when it requires sitting most of the time but entails pushing and/or pulling of arm or leg controls; and (3) when the job requires working at a production rate pace entailing the constant pushing and/or pulling of materials even though the weight of those materials is negligible.
For the most part, if you are able to do light work, you are also considered to have the ability to perform sedentary work as well. "Sedentary" is the term for jobs that are typically done in seated in a chair. These classifications encompass a wide range of jobs in the national economy at all education and skill levels.
In a Social Security claim, if you can perform the full range of light work, your claim will be denied unless you are:
- Older than 50 and are illiterate and unable to communicate in English with an unskilled work history
- Older than 55 with no transferable skills
In a disability insurance claim, the definition of disability depends on your policy, so it is important to know what that definition is. Depending on your job and the policy, being limited to "light duty" may still mean that the insurance company finds you to be disabled because you cannot perform your regular job. However, the insurance company could have a much stricter definition of disability and your claim could be denied.
Your doctor will put you in a much better position to be approved for disability benefits if he or she lists your specific restrictions or why you would only be able to perform light duty, including workplace accommodations needed, restrictions on the number of hours you can work, and physical and mental limitations.
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.
Your doctor will put you in a much better position to be approved for disability benefits if he or she lists your specific restrictions or why you would only be able to perform light duty, including workplace accommodations needed, restrictions on the number of hours you can work, and physical and mental limitations.
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.
Friday, June 25, 2010
New Social Security Hearing Office Opens in St. Petersburg, Florida
A new Social Security hearing office has opened in St. Petersburg, Florida with the first hearings scheduled in July. Social Security calls these locations 'Offices of Disability Adjudication and Review' (abbreviated 'ODAR'). Hopefully, the new office will reduce the wait time and cut down travel for many Tampa Bay area claimants who previously had their hearings pending in the Tampa office.
For more information, click here.
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.
For more information, click here.
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.
Sunday, June 20, 2010
MetLife announces that it is getting into the managed disability/health market....Probably not a good sign for employees.
On June 10, 2010, MetLife issued a press release announcing that it is marketing an "integrated" disability and health program to employers. This would be offered as employer group coverage, and of course, it will be covered by ERISA - the Employee Retirement Income Security Act (the Federal law that governs employee benefits).
From my experience with my clients who are receiving Long Term Disability benefits, the more that insurance companies manage disability involves more active claims handling to get people back to work and to avoid paying claims. If more active disability claim management becomes a trend in the insurance industry, we should all expect more denied claims.
You can find the text of MetLife's press release on BusinessWire.
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.
From my experience with my clients who are receiving Long Term Disability benefits, the more that insurance companies manage disability involves more active claims handling to get people back to work and to avoid paying claims. If more active disability claim management becomes a trend in the insurance industry, we should all expect more denied claims.
You can find the text of MetLife's press release on BusinessWire.
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.
Friday, June 18, 2010
How long does it take to get Social Security Disability benefits after a hearing?
After waiting many, many months for a hearing, most claimants are disappointed to hear that it can take several months after the hearing to received their benefits.
In Florida, most judges take between 1-3 months to issue their written decision. If it is a favorable decision, the case is then sent to the payment processing center, where it can take another 1-3 months for benefits to be issued. Sometimes, Social Security will begin issuing monthly benefits but is not able to release the back payments for several more months while they investigate if the claimant received any Supplemental Security Income benefits. If you have a claim for Supplemental Security Income benefits, you will have to call or go to your local Social Security office for an appointment before your benefits can be released.
While there are no rules requiring that Social Security release your benefit within a certain amount of time, if you have not received your benefits 60 days after your hearing, you should call your local Social Security office or your disability lawyer for assistance.
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 Florida, most judges take between 1-3 months to issue their written decision. If it is a favorable decision, the case is then sent to the payment processing center, where it can take another 1-3 months for benefits to be issued. Sometimes, Social Security will begin issuing monthly benefits but is not able to release the back payments for several more months while they investigate if the claimant received any Supplemental Security Income benefits. If you have a claim for Supplemental Security Income benefits, you will have to call or go to your local Social Security office for an appointment before your benefits can be released.
While there are no rules requiring that Social Security release your benefit within a certain amount of time, if you have not received your benefits 60 days after your hearing, you should call your local Social Security office or your disability lawyer for assistance.
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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