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Recent Blog Posts

Beware When Disability Insurance Company Asks for Functional Capacity Evaluation (FCE) Testing

Disability Denial Upheld When Insurer Relied on Functional Capacity Evaluation A federal judge in Florida recently upheld a decision by Aetna Life Insurance Company to deny disability benefits to an employee making a claim under their employer’s ERISA Group Disability plan where Aetna relied heavily on Functional Capacity testing that concluded the claimant could do […]

Does the Insurance Company or the Employer Pay Penalties for Failure to Produce Group Plan Documents?

Picture of Disability Insurance Policy

A Federal Law Called ERISA Gives an Employer Plan 30 Days to Produce a Copy of the “Summary Plan Description” The majority of people under age 65 in the USA have their disability, health, and life insurance through group plans sponsored by their employers.  For people that work for a company other than the government […]

Sleep Disorders: Evidence to Use in Your Long Term Disability Claim

picture of man in bed looking at alarm clock showing 5:15 a.m.

Lack of Sleep Impacts Concentration, Focus & Staminia Sleep Disorders Can Impact a Person’s Ability to Work “Did you include your insomnia in your disability claim application?”  I asked my new client.  “No, I did not even think of that,” he replied.  As a disability insurance attorney, I have had that conversation with countless clients […]

ERISA Attorney John Tucker Admitted to District of Columbia Federal Court

picture of disabilty and life insurance attorney John V. Tucker

On November 6, 2017, John V. Tucker was sworn in as a member of the Bar of the United States District Court for the District of Columbia.  this latest admission adds to the list of many federal courts in which Mr. Tucker is admitted to practice.  This admission will allow Mr. Tucker to litigate ERISA […]

Want a Better Chance to Win Your Long Term Disability Claim? Keep a Disability Journal With Pictures.

picture of camera on a table

You Need Evidence to Win a Disability Insurance Claim – Use a Disability Journal As a Long Term Disability claim attorney for over 25 years, I have seen Disability Insurance Companies deny countless valid claims.  The worst part is often knowing the Long Term Disability Insurance adjuster did not believe you.  They often ignore disabled […]

Restrictions vs. Limitations in Long Term Disability Claims

Attending Physician Statement Form with Questions about patients' Restrictions & Limitations

A Diagnosis or a Doctor’s Note Are Usually Not Enough to Get Long Term Disability Doctors often have to complete Disability Insurance forms explaining their patients’ Restrictions & Limitations Many people think that a diagnosis for a doctor and note that puts them out of work is enough to win a Long Term Disability insurance […]

VA Secretary Promises No Cuts to Unemployability Benefits for Seniors….This Year

Picture of David Shulkin, Veterans Affairs Secretary

VA Secretary David Shulkin, M.D. David Shulkin, the U.S. Secretary of Veterans Affairs, issued a letter on October 12, 2017 advising veterans service organizations that VA now opposes eliminating Individual Unemployability benefits for veterans over 60 years old.   Despite a proposal when the Trump Administration’s budget was first floated this year that would have eliminated […]

Dept. of Labor Proposed Delays on New Disability Benefit Plan Regulations

Picture of U.S. Department of Labor Sign

On October 10, 2017, the U.S. Department of Labor announced its proposal to delay the effective date of new claims procedure regulations that were passed in 2016 for group disability benefit plans offered through employers.  These plans are governed by federal employee benefits law ERISA – the Employee Retirement Income Security Act.  Even though the […]

VA Claims New Program Will Give Service Members a VA Disability Decision the Day After Discharge

Logo of US Department of Veterans Affairs

In a VA press release, the U.S. Department of Veterans Affairs reports that it has redesigned the Benefits Delivery at Discharge program in a way that will allow active duty service members to get VA disability decision as soon as the day after their discharge.  The redesigned program went into effect October 1. VA stated […]

VA’s St. Petersburg, FL Regional Office Cancels Hearings Due to Hurricane Irma

picture of VA Regional Office on Bay Pines, Blvd in St. Petersburg, Florida

VA issued the following letter addressing cancellations at the St. Pete RO due to Hurricane Irma: September 8, 2017 The St. Petersburg RO reports: With a focus on safety the St. Petersburg Regional Office cancelled all BVA, DRO and non-appeal hearings through Tuesday, September 12, 2017.  All Veterans, representatives as well as the BVA judges […]

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