Tucker's Disability Benefits Blog

Social Security Adds New Conditions to Fast Track Disabilitty Approval Process

2011-09-07T07:03:00.004-04:00

In July, the Social Security Administration announced that its new "Compassionate Allowances Conditions Fast Track Disability Process" will expand to include 100 Conditions. Social Security Commissioner Michael J. Astrue, announced 12 additional Compassionate Allowances conditions involving severe heart diseases, bringing the total number of conditions in the expedited disability process to 100.

Compassionate Allowances are a way to quickly identify diseases and other medical conditions that, by definition, meet Social Security’s standards for disability benefits. These conditions primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. “We have reached a significant milestone for the Compassionate Allowances program,” Commissioner Astrue said. “We have an obligation to award benefits quickly to people whose medical conditions are so serious they clearly meet our disability standards. We are now able to do precisely that for 100 severe conditions.”

The Compassionate Allowances initiative is one of two parts of the agency’s fast-track system for certain disability claims. When combined with the Quick Disability Determination process, Social Security last year approved more than 100,000 cases, usually in less than two weeks. This year, the agency expects to fast-track nearly 150,000 cases. Social Security has held seven public hearings and worked with experts to develop the list of Compassionate Allowances conditions. The hearings also have helped the agency identify additional ways to improve the disability process for applicants with Compassionate Allowances conditions. “By definition, these illnesses are so severe that we don’t need to fully develop the applicant’s work history to make a decision,” said Commissioner Astrue. As a result, beginning in August, Social Security is eliminating this part of the application process for people who have a condition on the list. For more information on the Compassionate Allowances initiative, see www.socialsecurity.gov/compassionateallowances.

For assistance with your Social Security Disability or SSI claim, call Clearwater / Tampa Disability Lawyer John V. Tucker at (866) 282-5260.

Could Proposed Pentagon Plan to Start Military Retirement At Normal Retirement Age Impact VA Disability Claims?

2011-09-04T08:08:00.002-04:00

CBS News is reporting that a Pentagon study is suggesting that one budgetary fix that may help ease deficits is to move the starting date for military retirement pension payments back to normal retirement age. The report on CBS' webpage states, the "plan, laid out in a 24-page presentation "Modernizing the Military Retirement System," would eliminate the familiar system under which anyone who serves 20 years is eligible for retirement at half their salary. Instead, they'd get a 401k-style plan with government contributions."

I have not had the chance to review the Pentagon report yet. However, I wonder if they considered the impact on VA disability claims if they implement this suggested system. It seems likely that more long-term service members would be sure to report their service-connected medical conditions before they left service in an effort to collect VA service-connected compensation in the absence of their pension. Just wondering...

Copyright (c) 2010, 2011 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 Tampa, Florida Disability Lawyer John Tucker at (866) 282-5260.

Excellent Tips to Help You Get the Most Out of Your 401k

2011-08-30T06:48:00.006-04:00

Occasionally, I offer information on this blog outside of the topic of disability area that I think may be helpful. A large part of our practice involves ERISA, the Employee Retirement Income Security Act of 1974. ERISA is the federal law that regulates your employee benefits if you work (or worked) for a private (non-government or church) employer. We have many clients that come to us with pension and 401k issues. Recently, Forbes.com offered a very interesting article on key mistakes that employees make with their 401k plans.

Forbes' contributor, Michael Chamberlain, offers the following list of mistakes that people often make in relation to the 401k offered by their employer:

Not participating in the plan at all.
Failing to contribute adequate percentages to get the company match.
Not understanding how much needs to be contributed to have the desired retirement income.
If the participant does understand how much should be contributed, failing to put that level into the plan.
Not understanding the level of risk in the investments selected.
Taking too much risk or too little risk with the investments.
Thinking that the “education” provided by the financial services company associated with the plan is investment advice.
Believing that if one target date fund is good, thinking that investing in two or more would be better.
Not understanding the costs of the 401(k).
Putting too much into company stock.
Borrowing from the 401(k).
Cashing out the plan when changing jobs.
Rolling over the 401(k) at retirement into an IRA with a broker-dealer who takes large commissions out of the account on the sale of new investments.

Chamblerlain also points out key mistakes that sponsors (the ERISA term for employers and unions) make that cause problems for 401k plans and their participants.

All in all, it is a short read, but well worth it if you participate in a 401k, have a family member that participates in a 401k or you may be eligible to participate in a 401k.

If you need assistance with an ERISA claim, including pension and 401k problems, please call Florida ERISA Attorney John Tucker at (866) 282-5260.

Gulf War Syndrome - VA Service Connection

2011-08-25T08:26:00.008-04:00

Gulf War Veterans' Illnesses: Medically Unexplained Chronic Multisymptom Illnesses
A prominent condition affecting Gulf War Veterans is a cluster of medically unexplained chronic symptoms that can include fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders, and memory problems.
VA does not use the term “Gulf War Syndrome” when referring to “medically unexplained chronic multi-symptom illnesses” reported by Gulf War Veterans. Symptoms vary widely and therefore, do not meet the definition of a syndrome. A syndrome is a group of symptoms that usually occur together and characterize a certain disease or abnormal condition. That is why VA uses the term “medically unexplained chronic multi-symptom illnesses” instead of “Gulf War Syndrome.”

Military Service Connection

Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and medically unexplained chronic multi-symptom illnesses in order to receive VA disability compensation.
VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service without regard to cause. These "presumptive" illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2011, and be at least 10 percent disabling. These illnesses include:

Chronic fatigue syndrome, a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions. Find out more about chronic fatigue syndrome*, treatment, and the latest medical research at Medline Plus.
Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems. Find out more about fibromyalgia*, treatment, and the latest medical research at Medline Plus.
Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ, without a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.
Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.

VA’s final rule* specifying that functional gastrointestinal disorders are covered as presumptive illnesses takes effect on August 15, 2011.

Infectious Diseases

VA presumes certain infectious diseases also are related to military service in Southwest Asia or Afghanistan.

VA Benefits for Illnesses Related to Gulf War Service

Eligible Veterans may receive VA disability compensation and health care for illnesses related to their military service.
VA offers eligible Veterans a free Gulf War Registry health exam for possible long-term health problems related to Gulf War service.
Surviving spouses, dependent children and dependent parents of Gulf War Veterans who died as the result of illnesses related to Gulf War service may be eligible for survivors' benefits.

If the VA has denied your claim for service-connected compensation and you are looking for a VA disability attorney, call Disability Lawyer John Tucker at (866) 282-5260. Main office in Clearwater, Florida serving veterans all over the U.S.

MSN Money Reports Baby Boomers Will Cause Social Security Disability Trust Fund To Run Out of Funds In 2017

2011-08-23T06:27:00.000-04:00

Laid off workers, aging baby boomers push Social Security disability to verge of insolvency

WASHINGTON (AP) — Laid-off workers and aging baby boomers are flooding Social Security's disability program with benefit claims, pushing the financially strapped system toward the brink of insolvency.

Applications are up nearly 50 percent over a decade ago as people with disabilities lose their jobs and can't find new ones in an economy that has shed nearly 7 million jobs.

The stampede for benefits is adding to a growing backlog of applicants — many wait two years or more before their cases are resolved — and worsening the financial problems of a program that's been running in the red for years.

New congressional estimates say the trust fund that supports Social Security disability will run out of money by 2017, leaving the program unable to pay full benefits, unless Congress acts. About two decades later, Social Security's much larger retirement fund is projected to run dry as well.

Much of the focus in Washington has been on fixing Social Security's retirement system. Proposals range from raising the retirement age to means-testing benefits for wealthy retirees. But the disability system is in much worse shape and its problems defy easy solutions.

Original MSN source page:

http://money.msn.com/business-news/article.aspx?feed=AP&date=20110821&id=14159987

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.

Fox News Reports on Social Security's Possible Insolvency

2011-08-22T06:42:00.002-04:00

Here is an interesting article from Fox New's website:

Social Security Disability Insurance on Brink of Insolvency

Link to Original article: http://www.foxnews.com/politics/2011/08/21/social-security-disability-insurance-on-brink-insolvency/
Full Text Listed below.

Published August 21, 2011 | Associated Press

WASHINGTON -- Laid-off workers and aging baby boomers are flooding Social Security's disability program with benefit claims, pushing the financially strapped system toward the brink of insolvency.

Applications are up nearly 50 percent over a decade ago as people with disabilities lose their jobs and can't find new ones in an economy that has shed nearly 7 million jobs.

The stampede for benefits is adding to a growing backlog of applicants -- many wait two years or more before their cases are resolved -- and worsening the financial problems of a program that's been running in the red for years.

The trustees who oversee Social Security are urging Congress to shore up the disability system by reallocating money from the retirement program, just as lawmakers did in 1994. That, however, would provide only short-term relief at the expense of weakening the retirement program.

Claims for disability benefits typically increase in a bad economy because many disabled people get laid off and can't find a new job. This year, about 3.3 million people are expected to apply for federal disability benefits. That's 700,000 more than in 2008 and 1 million more than a decade ago.

"It's primarily economic desperation," Social Security Commissioner Michael Astrue said in an interview. "People on the margins who get bad news in terms of a layoff and have no other place to go and they take a shot at disability,"

All rights to Fox News and AP.

For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Tampa / St. Petersburg Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

A look at Social Security's Disability Program

2011-08-21T17:39:00.000-04:00

Some interesting statistics thanks to an article from the Washington Post's website, August 21, 2011 edition.

By Associated Press, Updated: Sunday, August 21, 10:31 AM

WASHINGTON — A look at Social Security’s disability program:

About 13.6 million people receive federal disability benefits.

—7.6 million receive Social Security disability.

—4.4 million receive Supplemental Security Income.

—1.6 million receive both.

Social Security Disability:

—Reserved for people with a substantial work history.

—Average monthly payment: $927

—Financing: A portion of Social Security payroll taxes (the rest goes to the retirement fund).

—Payroll taxes collected for disability program in 2010: $93 billion.

—Total benefits paid in 2010: $124 billion.

—Assets in Social Security disability trust fund at end of 2010: $180 billion.

—Year when trust fund projected to be exhausted: 2017.

Supplemental Security Income:

—Reserved for the very poor.

—Average monthly payment: $500.

—Maximum monthly payment: $674 for individuals, $1,011 for couples.

—Many states provide additional payments.

—Financing: General revenue funds.

—Total benefits paid in 2010: $48 billion.

For the original web page: http://www.washingtonpost.com/business/economy/a-look-at-social-securitys-disability-program/2011/08/21/gIQAJlTHUJ_story.html

All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim in Florida, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

2011 Edition of Federal Benefits for Veterans, Dependents & Survivors Booklet Released

2011-08-20T07:19:00.001-04:00

The U.S. Department of Veterans Affairs (VA) has released the 2011 edition of Federal Benefits for Veterans, Dependents and Survivors. This publication has information about health care, pensions, education and training, home loans, life insurance, transition assistance and how to appeal a decision on a claim for benefits.

If you have been denied VA Service-Connected Compensation benefits, call Disability Lawyer John Tucker at (866) 282-5260. Proudly representing veterans in every state in the U.S.A.

VA Bay Pines Medical Center to Get New Director

2011-08-18T06:56:00.021-04:00

The VA Medical Center at Bay Pines is getting a new director. Wanda Mims, who currently oversees VA facilities in Puerto Rico and the Virgin Islands, has been named to the post. Ms. Mims replaces Wallace Hopkins who retired after 35 years of service to the VA.

The Bay Pines VAMC rests on a beautiful campus on Florida's west coast in Pinellas County, situated between Clearwater and St. Petersburg. It is the the fourth largest veterans medical facility in the U.S.. It has nearly 4000 employees and treats about 100,000 veterans a year on a budget approaching $500 million. Most of the Veterans I have represented and gotten to know in the area tell me they get good care at Bay Pines. Their doctors are not very willing to fill out forms or write letters in the different types of disability cases we handle (like Social Security Disability or private disability insurance claims), but the majority of the medical professionals at the VAMC get high marks from my clients.

Copyright (c) 2010, 2011 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.

VA Creates Women's Outreach Center

2011-08-15T11:12:00.000-04:00

WASHINGTON – The Department of Veterans Affairs (VA) has embarked on a major initiative to reach out to women Veterans in order to solicit their input on ways to enhance the health care services VA provides to women Veterans.

“We are taking a proactive approach to enhancing VA health care for women Veterans,” said Secretary of Veterans Affairs Eric K. Shinseki. “We are seeking the input of women Veterans so that VA can continue to provide high quality health care to the growing numbers of women Veterans.”

Representatives at VA’s Health Resource Center (HRC) are placing calls to women Veterans nationwide, asking them to share their experiences with VA and suggest potential enhancements that will further VA’s mission to provide the best care anywhere.

Women Veterans are one of the fastest growing segments of the Veteran population. Of the 22.7 million living Veterans, more than 1.8 million are women. They comprise nearly 8 percent of the total Veteran population and 6 percent of all Veterans who use VA health care services.

VA estimates by 2020 women Veterans will constitute 10 percent of the Veteran population and 9.5 percent of VA patients. The HRC, which started placing calls on June 1, is contacting women Veterans who have enrolled, but have not begun using VA services.

“Through this contact center, we are placing friendly, conversational calls to women Veterans,” said Patricia Hayes, chief consultant of the VA’s Women Veterans Health Strategic Health Care Group. “We want these Veterans and their caregivers to talk candidly about why they are not using VA, whether they are aware of the gender-specific services we offer, and what additional services they would like to see VA offer.”

The HRC representatives making the calls are also informing women Veterans about the services VA offers and quickly connecting them with appropriate departments if they are interested in trying VA health care. Veterans who have complaints about VA are connected to a patient advocate who helps resolve issues.

VA has trained professionals in all aspects of women’s health, including general primary care, osteoporosis management, heart disease, mental health care, menopausal services and obesity-related issues, such as diabetes. Preventive screenings for breast and cervical cancer are also areas in which VA excels. Soon, all VA facilities will offer comprehensive primary care for women from a single provider.

The Women Veterans Health Care program has made significant changes in the last few years to enhance the health care offered to eligible women Veterans. This progress includes:

· Adopting key policies to improve access and enhance services for women Veterans;

· Implementing comprehensive primary care for women Veterans;

· Conducting cutting-edge research on the effects of military service on women’s lives;

· Improving communication and outreach to women Veterans; and

· Providing mental health, homelessness and other services designed to meet the unique needs of women Veterans

For more information about VA programs and services for women Veterans, visit: www.va.gov/womenvet and www.publichealth.va.gov/womenshealth.

For assistance with a VA service-connected disability claim call Florida VA Lawyer John Tucker at (866) 282-5260.

Despite Propane Leak - Tampa's Haley VA Medical Center is Open Today

2011-08-12T09:52:00.000-04:00

Just a heads up for anyone heading the James A. Haley Veteran's Hospital in Tampa today. Yesterday, a leak in an 18,000 gallon propane tank at the hospital caused some evacuations and disrupted business in the area, but the VAMC is in full operation today. The Haley VAMC website states: "A propane gas tank leak that occurred just outside the James A. Haley Veterans’ Hospital on August 11th is being repaired and has not affected hospital operations. All patients, employees and visitors are safe, no appointments have been cancelled, and the hospital is open for business as usual."

Copyright (c) 2010, 2011 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.

Social Security Issues New Pamphlet Explaining Social Security Disability

2011-08-11T06:42:00.001-04:00

I try to share any resources that may help someone seeking disability benefits when I find out about them. Recently, the Social Security Administration (SSA) issued a new version of SSA Publication 05-10029, its pamphlet titled Disability Benefits. This 16 page pamphlet generally explains the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs offered by Social Security.

It explains things like:

Quarters of Coverage to be insured for disability;
How to apply for Social Security Disability (you can also see my website for a quick link to their application page);
What information you need to apply for disability;
How Social Security decides if you are disabled under their system;
Family benefits;
When you get Medicare if you are found disabled; and
How working impacts a disability claim;

Though it does not have much detail, SSA's Disability Benefits is a good introduction to the Social Security Disability program. If you or someone you know wants to know more about applying for SSD, it is definitely worth the time to read this publication.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you live in Florida and have questions about Social Security Disability, need help filing for Social Security Disability, or appealing a denied Social Security Disability claim, call Disability Benefits Attorney John Tucker at (866) 282-5260.

How do I get a copy of my company's ERISA Summary Plan Description

2011-08-08T06:02:00.000-04:00

If you have employee benefits through your job, you are participating in an ERISA plan. That is a benefit plan covered by the federal Employee Retirement Income Security Act. If you want to know the rules that apply to your ERISA plan, you have to get the Plan's Summary Plan Description (abbreviated "SPD"). For example, if you want to know what you have to prove to show that you are disabled under your company's ERISA Long Term Disability Plan, you need to read the SPD. Do not rely on what they tell you on the phone or write you in a letter.

So, how do you get the SPD? Write a letter to the Plan Administrator asking for it and giving them an address where they can mail a copy back to you. That is often an insurance company that runs the plan for your employer. If you do not know who the Plan Administrator is, follow these rules:

· Send a letter asking for the SPD to your employer’s Human Resources or Employee Benefits office.

· If you are in a union plan, send it to the Union local and headquarters.

· If the plan relates to insurance, send a copy of the letter to the insurance company. If you are not sure of the insurance company’s address, look online or call “800” directory assistance and see if they have a toll free number. Call them and ask their street address for deliveries (you need that address, not a P.O. Box, to send the letter by FedEx, UPS or similar delivery).

· If it is a pension or 401k plan, send it to the employer and the investment administrator.

When you send your letters, be sure to send each copy by U.S. Postal Service certified mail or overnight delivery, FedEx, UPS, or some other way that has a tracking number, so you can prove it was received and the day it was received. You may be sending it to more than one person or company, so be sure to send each one by a verifiable method.

The ERISA law gives the plan administrator 30 days to send you a copy after they get your letter. If you can't prove when they got it, you can't count the 30 days (that is one reason why you must send it by FedEx, UPS, etc.). If you do not receive the Summary Plan Description 30 days after they receive it, I recommend that you call an ERISA benefits Attorney.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you need help with an ERISA claim in Florida or anywhere in the United States, call Tampa ERISA Disability Lawyer John Tucker at (866) 282-5260.

Social Security to Close Field Offices 30 Minutes Early Every Day to Save Money

2011-08-05T06:29:00.000-04:00

In one of his "Commissioner's Broadcasts," Commissioner of Social Security, Michael Astrue announced on July 22, 2011 that the Social Security Administration will begin closing offices early due to its strained budget and loss of staff. Offices will close 30 minutes early every day starting August 15, 2011. The full text of the Commissioner's Broadcast follows:

A Message To All SSA and DDS Employees

Subject: New Social Security Field Office Hours

Given the tight budget situation, we must continue to make tough choices. The latest decision is that, beginning August 15, 2011, we will close Social Security field offices to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9am to 4pm will now close daily at 3:30 pm.

Reducing hours will allow field office employees, who will continue to work their regular hours, to complete interviews without using overtime. That's essential because Congress provided us with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it very hard to provide the amount of overtime that our usual business process requires.

Field offices have lost nearly 1,600 workers over the past nine months, and we cannot afford to replace that staff. As a small measure to help deal with those losses, we will close field offices to the public on Friday, November 25, 2011. Field office employees who work on that day will use the day for backlog reduction. As we try to adapt to these difficult fiscal times, we need to remind the public that they can find many services and get up-to-date information online or via our 800 number.

Soon I will be announcing policy changes that will allow us to work more efficiently. Please know that we are doing what we can to help you during these difficult times.

Michael J. Astrue

Commissioner

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. If you need help from a Florida Social Security Disability attorney, particularly if you live in the Clearwater, St. Petersburg or Tampa areas, call Disability Lawyer John Tucker at (866) 282-5260. Offices: Clearwater and Tampa.

VA's Center for Women Veterans - A Good Resource

2011-08-02T08:29:00.000-04:00

As of September 2010, there are over 1.8 million female veterans of the armed services. In Florida alone, there are over 140,000 women vets. The Department of Veterans Affairs is making a special effort to reach out to these veterans. One way they have done that is through the Center for Women Veterans. The Center's homepage provides a wealth of information. I would encourage any female veteran to visit the Center's page. Some interesting links from that page include the following:

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with a claim for any type of disability benefits, including Veterans Service-Connected Disability compensation, call Florida Veterans Disability Lawyer John Tucker at (866) 282-5260.

John Tucker to Speak at Social Security Disability Seminar in Tampa

2011-08-01T16:31:00.004-04:00

On August 23, 2011, I am presenting lectures to other practicing Social Security attorneys at a Seminar in Tampa, titled "Social Security Basics". It is always an honor to get invited to speak at continuing education events.

For lawyers that are considering expanding their practices to include Social Security Disability, this will be a good introductory seminar. Please consider signing up. I do not get any part of your registration fee, nor do I get paid. I simply hope that more attorneys will consider getting into this area of the law to help people seeking disability benefits.

Here is the registration link: http://www.lawreviewcle.com/cle_credits_law_classes/cle_credits-2011-08-23-tampa-social_security_disability.html

Copyright (c) 2011 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.

VA Expands Outreach to Women Veterans

2011-07-30T07:56:00.001-04:00

Department of Veterans Affairs Hosts 5^th National Summit in D.C.

WASHINGTON – Over 700 participants attended the Fifth National Summit on Women Veterans’ Issues July 16-17 at the Hyatt Regency Washington on Capitol Hill. Secretary of Veterans Affairs Eric K. Shinseki gave remarks to open the summit which focused on expanding outreach to women Veterans and increasing awareness of the enhanced VA benefits and services available to them.

“With more women serving in our armed forces than ever before, this summit is an opportunity to exchange ideas and focus attention on the issues and concerns unique to women Veterans,” Shinseki said. “Today, there are over 1.8 million women Veterans of all eras and one of VA’s highest priorities is to continue to expand our services and outreach to ensure they receive the care and benefits they have earned.”

This is the first time VA will provide targeted training, education, and collaborative cross training for its staff responsible for providing services and benefits specifically to women Veterans and their families. Participants include: women Veterans, women Veteran advocates from across the nation, active duty women service members (to include those in the Reserves and National Guard) VA employees who provide care to women Veterans, and representatives from a multitude of Veterans service organizations and nonprofit agencies. VA Medical Centers employ women Veterans program managers; community-based outpatient clinics employ a women’s liaison; and VA regional offices employ a women Veterans coordinator.

"The number of women Veterans using VA health care has doubled in the last decade,” said Patricia Hayes, chief consultant of VA’s Women Veterans Health Strategic Health Care Group. “This training, coupled with direct feedback from women Veterans, will enable VA to continue to enhance health care and services to meet their needs.”

Today, over 200,000 women are serving in the armed forces. About 11 percent of the U.S. forces currently serving in Afghanistan and Iraq are women. Recognizing the valor, service and sacrifice of America’s 1.7 million women Veterans, VA has stepped up its outreach efforts to women Veterans to increase their awareness of the comprehensive array of VA benefits and programs. Women Veterans are entitled to the same benefits and medical care as their male counterparts, including health care, disability compensation, education assistance, work-study allowance, vocational rehabilitation, employment and counseling services, insurance, home loan benefits, nursing home care, survivor benefits and various burial benefits.

In addition, VA also has a multitude of gender specific services and programs that respond to the unique needs of women Veterans, including pap smears, mammography, general reproductive health care, counseling for substance abuse, sexual trauma, depression, and evaluation and treatment for Post Traumatic Stress Disorder (PTSD). For more information about VA visit the website at www.va.gov and its Center for Women Veterans at http://www.va.gov/womenvet.

# # #

For assistance with your Veterans Disability compensation or pension claim, call Florida VA Disability Lawyer John Tucker at (866) 282-5260.

What is a Life Insurance Waiver of Premium Based on Disability?

2011-07-25T09:58:00.000-04:00

If you have a life insurance plan through your employer and you become disabled, you may be able to keep your life insurance without paying premiums. How? Something called a premium waiver due to disability.

Some group life insurance plans - including many covered by the federal ERISA law that governs employee benefits - have a provision that allows disabled employees to keep their life insurance coverage. Some refer to these provisions as Life Insurance Waiver of Premium (shorthand: LIWOP). Many people know about their Long Term Disability (LTD) insurance coverage. However, you may also have a waiver of premium provision in your life insurance policy that kicks in based on your disability. Even if you do not have LTD coverage, you may be able to file an application with your life insurance benefits plan administrator asking that your coverage be continued. If you have have LTD coverage, you probably still have to file a separate application with the life plan administrator. Sometimes that will be the insurer, but you can ask your employer or the sponsor of your group life plan for the application for benefits.

Why is a Life Insurance Premium Waiver valuable coverage? Because it means you get free life insurance if you can prove that you are disabled under the plan's definition of disability. There is no standard definition. You have to read the life insurance policy to determine what you have to prove to show that you are disabled. If you have LTD coverage, the definition of disability in your LTD plan may be different than the definition of disability in your Life Insurance policy.

It is strongly recommended that you hire an ERISA Disability Attorney if you think you may hav a Life Insurance Waiver of Premium claim. Hiring an attorney before you file your claim may save you time and let you keep thousands of dollars of life insurance coverage....for free.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Florida ERISA claim, or Life Insurance Disability Premium Waiver claim, call Disability Lawyer John Tucker at (866) 282-5260.

Former VA Bay Pines Nurse Accused of Sexual Battery on Patient

2011-07-22T10:31:00.000-04:00

According to the St. Petersburg Times, "A 48-year-old former nurse at Bay Pines VA Medical Center was arrested Tuesday, accused of sexually battery on a male patient he was supposed to be caring for in the mental health ward."

Jeffrey Harris was arrested on charges of sexual battery. To the credit of VA Bay Pines Medical Center, they took immediate steps to bar him from patient contact when the allegations first surfaced. According to the paper, a report was released which indicated that Harris may harmed others.

For the full Times story, click here.

For assistance with your Veterans service connected compensation, secondary service connection, Section 1151, or pension claim, call Florida Veterans Disability Lawyer John Tucker at (866) 282-5260.

New Commanding Officer at Marine Corps Blount Island Command

2011-07-18T11:09:00.000-04:00

On Friday, July 15, 2011, I had the opportunity to attend the Change of Command Ceremony at the U.S. Marine Corps Blount Island Command in Jacksonville, Florida. The new commanding officer is Colonel Christopher Michelsen, a Marine I have the honor of calling a lifelong friend. Col. Michelsen is a distinguished Marine who will take Blount Island to the next level in his tour of duty at the Command.

For those of you who are not familiar with the Blount Island Command, 100 Marines and about 900 civilian contractors do an amazing job moving the Marine Corps' east coast equipment and firepower into position in a short period of time. Following the ceremony last Friday, we we treated to a tour of the installation narrated by Master Gunnery Sgt. Duckworth, a Marine who clearly knows his stuff. He explained how Blount Island plans, coordinates and executes the logistics efforts in support of the Maritime Prepositioning Force program and the Marine Corps Prepositioning Program with a fleet of 15 ships. I never cease to be impressed by the commitment and performance of the men and women that serve our country in the armed forces.

I wish the best to Col. Michelsen as he embarks on his tour in charge of the Blount Island Command and hope for a successful mission for all of the Marines under his command.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Veterans service connected compensation or pension claim, call Florida VA Disability Attorney John Tucker at (866) 282-5260.

Fibromyalgia - Some Internet Resources to Understand Your Disability

2011-07-16T15:30:00.000-04:00

As a disability benefits attorney, many of my clients suffer from a very common condition called fibromyalgia. Fibromyalgia can cause many restrictions and limitations that keep someone from working.

Knowledge about your condition is very important. Use the following list of online resources to understand your condition and keep up with current treatment options for fibromyalgia.

What is fibromyalgia?
MedlinePlus on Fibromyalgia
PubMed on Fibromyalgia
Mayo Clinic on Fibromyalgia
WebMD on Fibromyalgia
Medicine.net on Fibromyalgia

National Fibromyalgia Association

Fibroymalgia.com

Tests and treatment for Fibromyalgia:
Mayo Clinic

Fibromyalgia Tender Points Diagram (tenderness in these points is an indicator of fibromyalgia):

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your fibromyalgia disability claim related to your Long Term Disability benefits, ERISA Disability benefits, Social Security Disability, or Veterans Disability compensation or pension, call Florida Fibromyalgia Disability Attorney John Tucker at (866) 282-5260.

Congressional Hearings Into Social Security Judges That Pay "Too Many" Claims

2011-07-15T12:00:00.002-04:00

The Wall Street Journal reported on a July 11, 2011 Congressional hearing into Administrative Law Judges that pay more than 80% of the claims that come before them. In its July 11th online edition, the Journal reported on the testimony of Social Security Commissioner Michael Astrue and others. This story followed an earlier story criticizing one ALJ in West Virginia that approved nearly all of the claims that came before him, prompting the Social Security Administration to suspend the Judge. The average ALJ approves about 60% of the claims that come to a hearing.

Commissioner Astrue testified that Judges that approve over than 80% of claims cost taxpayers over $1 billion per year.

In May, I commented on the Wall Street Journal's previous story, and questioned why Social Security failed to investigate those ALJs that deny nearly all of the claims that come before them. Not that the Commissioner heard me, but he did testify about the ALJs at the more "conservative" end of the spectrum...those that deny more than their fair share.

"Mr. Astrue, a Republican, said the agency was also looking into judges who deny a disproportionate number of claims compared with their peers. He said judges who deny benefits in 80% or more of their cases end up saving taxpayers $200 million each year, though he wasn't suggesting this was a practice he condoned."

According to the Journal, "The number of people receiving disability benefits has soared in recent years, with one of the two Social Security programs paying out $124 billion in benefits to 10.2 million people in 2010. Government estimates predict the Social Security Disability Insurance program will run out of money in 2018 if actions aren't taken to shore up its trust fund."

Credit: Wall Street Journal (link above).

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Clearwater, St. Petersburg, or Tampa Social Security Disability claim, call Florida Social Security Disability Lawyer John Tucker at (866) 282-5260.

Social Security's Florida Hearing Offices (ODARs) Continue to Experience Severe Wait Times for Hearings

2011-07-13T20:49:00.005-04:00

How long will you wait for a hearing in your Social Security Disability or SSI claim in Florida? Statistics released by the Social Security Administration on April 29, 2011 show that you can still expect at least a year waiting time at most of its Offices of Disability Adjudication and Review (ODAR).

Out of 157 ODARs in the United States, Florida's hearing offices had waiting times ranging from 334 days to 414 days to get a hearing after a Request for Hearing is filed. How long you will wait depends on where you live. Here are the waiting times and the national rank of each of Florida's ODARs:

Orlando - 63rd out of 157 ODARs - 334 days
Tampa - 75th out of 157 ODARs - 343 days
Ft. Lauderdale - 93rd out of 157 ODARs - 368 days
Tallahassee - 114th out of 157 ODARs- 395 days
Ft. Myers - 119th out of 157 ODARs- 400 days
St. Petersburg - 119th out of 157 ODARs - 400 days
Miami - 127th out of 157 ODARs - 414 days

Social Security's statistics show you will do better with an an attorney representing you at a hearing. I strongly recommend that you call a Florida Social Security Disability attorney to help you with your claim.

Copyright (c) 2011 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.

Veterans Groups Release Report on Impact of Social Security on Veterans

2011-06-13T06:17:00.001-04:00

Nine veterans organizations have released a report titled, "Social Security: Serving Those Who Serve Our Nation." The report was created to address efforts by some in Congress who want to cut Social Security benefits. Among the information in the report is the following:

"Most of the more than 4,000 children who lost a parent since the beginning of the Iraq and Afghanistan wars now receive Social Security survivors’ benefits. More than 771,000 veterans receive Social Security disability benefits. Social Security currently pays benefits to over 9 million veterans—about 4 in 10 veterans today—and the vast majority of veterans will become Social Security beneficiaries in the future."

Click here for a full copy of the report.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Florida Social Security Disability claim or Veterans Disability compensation claim, call Florida Disability Lawyer John Tucker at (866) 282-5260.

What is an ERISA Summary Plan Description and How Do I Get Mine?

2011-06-10T05:44:00.001-04:00

If you have benefits through work, your employer or union benefit plan is required by law to have a document that summarizes the key terms of the benefit plan. The law is called ERISA, the Employee Retirement Income Security Act. The summary is just that, a summary of the rules of the Plan. However, the law does not require that they give you a copy of the full rule book. Instead, that have to give you a summary, called the Summary Plan Description (abbreviated as “SPD”). You only get a copy if you ask for it, and the administrator of the ERISA Plan has 30 days to give you a copy of the SPD.

If you ever have to make a claim for benefits under your employer's or union's plan, be sure to get a copy of the SPD. It tells you what benefits are offered under the Plan, as well what the qualifications are to get the benefit you are seeking. We recommend that you ask for both the Plan Document and the Summary Plan Description to make sure you know all of the rules that apply to your Plan. Send a letter to your employer and the administrator (for example, the Plan's insurance company) asking for these documents by certified mail or some other method you can track (like overnight delivery carriers with tracking numbers). If they do not send you the documents within 30 days, send a second copy of the letter by overnight deliver with a tracking number. If they still don't send you the documents, call an ERISA attorney.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim or ERISA Disability benefit claim, call Florida ERISA Disability Lawyer John Tucker at (866) 282-5260.