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Recent Blog Posts

VA Individual Unemployability: Submitting Social Security Disability Award to VA Raises Issue of TDIU

USA Flag with text TDIU for Veterans - Total Disability Due to Individual Unemployability

TDIU = Total Disability Based Upon Individual Unemployability Veterans may apply for a 100% rating if they are unable to work due to their VA service connected disabilities.  This extraschedular benefit is called Total Disability Based upon Individual Unemployability or “TDIU.”  Often veterans who might be entitled to TDIU apply for Social Security Disability benefits, […]

How Do Education and Work History Factor Into a VA Claim for Individual Unemployability?

Picture of U.S. Department of Veterans Affairs Building at 810 Vermont Ave. N.W., Washington, D.C.

TDIU = Total Disability Based Upon Individual Unemployability VA’s regulation that allows veterans to be paid Total Disability due to Individual Unemployability (often abbreviated TDIU), 38 C.F.R. §4.16 requires VA to consider a veteran’s education and past work history.  Among other things, the VA has to factor in the veteran’s “employment history, educational and vocational attainment.” […]

VIDEO: 3 Reasons Not to File Your Own Long Term Disability Appeal

Picture of Gavel on top of $100 bill

Have your Long Term Disability benefits under your employer’s Group Disability Plan been denied?  These plans are covered by a unique federal law called ERISA (the Employee Retirement Income Security Act) that governs employee benefits.  Listen to the following video as ERISA Disability Attorney John V. Tucker explains three reasons why you should not file […]

ERISA Preemption: What is it?

picutre of statute book showing the Employee Retirement Income Security Act

ERISA – The Employee Retirement Income Security Act When someone files a lawsuit on a Disability Insurance or Life insurance claim that was denied, the law that governs their case depends on how they bought their insurance.  If they bought the insurance on their own from a private insurance agent, state insurance law applies to […]

Veterans Court: All Symptoms of Vet’s PTSD Claim Must Be Considered and Discussed by VA

Emblem of the U.S. Court of Appeals for Veterans Claims

In Sanders v. Snyder, a recent case before the Court of Appeals for Veterans Claims (the Veterans Court), veteran James Sanders – a Vietnam era veteran who received a Purple Heart and a Bronze Star – was appealing the 50% rating VA had assigned to his PTSD claim.  The central issue in the case was […]

Veterans Court: VA Errors Cause More Delays – TDIU Claim Remanded to Board When VA Decision Not Kept in File

Picture of Court of Appeals for Veterans Claims Logo with Gavel

In a recent case before the Court of Appeals for Veterans Claims (the Veterans Court), missing documents in a claim for Total Disability Based on Individual Unemployability (TDIU) became the major issue.  James Sanders, a Vietnam era veteran who had been awarded both a Purple Heart and a Bronze Star, received VA ratings for PTSD […]

SCOTUS to Decide Whether Hospitals Affiliated with Religions Exempt from ERISA

Picture of Christian Hospital

Are benefit plans offered to employees of hospitals affiliated with churches exempt from ERISA? The federal law that governs employee benefits – the Employee Retirement Income Security Act (“ERISA” for short) does not apply to employers that are religions.  So, are benefits offered by Christian-affiliated hospitals offered to their administrative and medical staff covered?  Using […]

VIDEO: Learn How Disability Insurance Companies Cut You Off Without Ever Sending to You to Their Doctor for An Exam

picture of insurance claim form with rejected stamp on it

If you have been dealing with a Long Term Disability (LTD) Insurance company or ERISA Disability Plan Administrator, you need to beware that they may try to cut you off without a medical examination.  Some people think the Disability Insurer has to send you to a so-called “independent medical examination,” but that is not the […]

Lower Court Uses Wrong ERISA Standard – Appeals Court Reverses and Orders De Novo Review

Picture of rose colored glasses changing image

Think of ERISA Standards of Review like colored lenses – which color the Judge has to use changes how the court must view the facts. When someone is denied benefits under an employer’s group insurance plan, a court that reviews that decision has to decide which standard of review it has to apply to the […]

Stranger-Originated Life Insurance (STOLI) Policies in Florida

Picture of Stoli vodka bottle

STOLI…No, not this kind of Stoli…We are talking about Stranger-Originated Life Insurance Policies in Florida! What is stranger-originated life insurance (STOLI) in Florida? In Florida, people are allowed to sell their life insurance policies on the secondary market.  A Florida statute, § 627.422, permits a person to assign a life insurance policy to someone else, […]

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