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Recent Blog Posts

New York Court Upholds Aetna Life Insurance Denial in DUI Death Based on Self-Inflicted Injury

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Intoxication Exclusions in Life Insurance Policies Can Often Result in Claim Denials When a motorcyclist died in a crash while driving 124 miles per hour, Aetna Life Insurance Company denied the claim, asserting that the driver was intoxicated and that made the crash an “intentionally self-inflicted injury,” something excluded from payment under his employer’s Accidental […]

VIDEO: Is A Long Term Disability Buyout Settlement A Good Idea For You?

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Watch this video as Long Term Disability Insurance Attorney John V. Tucker explains lump sum buyouts in Disability Insurance claims and gives you information to decide if a lump sum settlement is right for you. When you are approved for Long Term Disability (LTD) benefits, you receive a monthly payment.  Sometimes, the LTD Insurance company […]

Attorney John V. Tucker Again Selected as As “AV Preeminent” Rated by Martindale-Hubbell

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John V. TuckerDisabilty, ERISA & Life Insurance Attorney Florida Attorney John V. Tucker, managing shareholder of Tucker & Ludin, P.A., has received the 2017 AV Preeminent Rating through  Martindale-Hubbell peer review selection process.  The “AV” Rating is the highest possible rating awarded by Martindale-Hubbell for Legal Ability & Ethical Standards. John Tucker focuses his practice […]

VIDEO: Why Life Insurers Deny Accidental Death Claim

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When a life insurance company refuses to pay an accidental death claim, it adds insult to injury.  Accidental Death and Dismemberment Insurance (often called “AD&D Insurance”) exists to pay a benefit when someone dies in a way that you cannot plan for – as a result of an accident.  AD&D Insurance companies find creative ways […]

Disability Attorney John Tucker Lectures at National Disability Conference

picture of disabilty and life insurance attorney John V. Tucker

John V. Tucker Disability, ERISA & Life Insurance Attorney On March 7, 2017, Disability Attorney John V. Tucker presented a lecture at a national disability law conference in Las  Vegas, Nevada sponsored by the American Association for Justice (AAJ), a national consumer law organization.  The annual seminar was sponsored by the Social Security Law Section […]

VIDEO: Three Ways To Make Your VA Disability Claim Appeal Move Faster

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Getting your VA disability claims to move faster can be like moving heaven and earth.  VA’s delays are legendary.  However, there are a few things that you can do to keep VA moving along as quickly as possible.  Watch this video by VA Disability Attorney John V. Tucker with 3 tips for making your VA […]

Group Plan Can Still be an ERISA Plan Even When Employees Pay the Full Premium for Insurance

picture of Statute Book - Pages from ERISA, the Employee Retirement Income Security Act

A common question our clients often ask is whether the Employee Retirement Income Security Act – ERISA – applies to employer group insurance plans where the employees pay 100% of the premium.  ERISA is the federal employee benefit law that applies to pension and insurance benefits offered by private (non-government or church) employers.  It governs […]

VIDEO: Veterans – Why You Need A Vocational Expert For Your VA Individual Unemployability Claim

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

Are you a veteran that cannot work because of your VA service-connected disabilities (or conditions that should be service-connected)?  You should consider filing a claim for Total Disability Based on Individual Unemployability (TDIU) and hiring a vocational expert to support your claim.  TDIU is a way to get paid at the 100% level, even if […]

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.” […]

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