John Tucker manages Tucker & Ludin, P.A.'s Employee Benefits Litigation practice team. Mr. Tucker is an ERISA Attorney who has handled ERISA Disability cases for over 16 years, and concentrates his practice on different types of disability benefits claims, including Short Term and Long Term Disability employee benefits offered through employers. These plans are covered by the Employee Retirement Income Security Act - ERISA - a federal law which regulates employee benefits. ERISA claims are very different from individual insurance claims, and you should have an attorney with ERISA experience.
Disability Insurance Benefits are designed to protect you in the unfortunate event that you are not able to work due to an injury or sickness. No one expects to experience a disability, but it is actually rather common. In fact, an April 1996 edition of Money magazine indicated that “4 out of 10 workers will become disabled for more than 90 days at some point in their working lives.” Forty percent! The National Institute on Disability and Rehabilitation Research states on its website that "17.2 million people, or 9.9% of the 1998 working-age U.S. population (16-64 years old)" have a disability that prevents or limits their ability to work. These are staggering figures. Unfortunately, many people do not realize how many disability insurance claims are denied.
Disability Insurance (also known as Income Replacement Insurance) falls into two categories. Most people buy this coverage through work. These policies are covered by a federal law known as ERISA. Others buy the coverage on their own, outside of work. You can have both types of coverage. You can also have other types of disability coverage, including credit disability (on your mortgage, car loan, or credit cards) which makes payments while you are disabled.
Disability Attorney John Tucker handles all types of disability insurance and ERISA disability benefit claims and litigation. The vast majority of our cases involve Disability Insurance, and we have helped thousands of people that have found themselves out of work because of an illness or injury. Unable to work, yet often unable to get paid by the disability insurance company who claims they are not really disabled, our clients are often at the end of their rope trying to make ends meet. According to a March 21, 2007 article from UPI, over half of all U.S. workers would not be able to pay their bills (mortgage, utilities, food, etc.) if they developed a disabling condition that prevented them from working. Tucker & Ludin represents disabled people who have significant impairments that will prevent them from working.
Because of our experience with these types of problems, we understand what it is like for someone to lose their income. We know financial hardship can cause you to lose your savings, your home, and sometimes the stress can break up your family. We do what we can to get your claim resolved as soon as we can without sacrificing your legal rights.
Many of these policies require that you give immediate notice to the insurance company if you become disabled. Usually, you have anywhere from 24 hours to 30 days to give notice. Rarely, you may be able to increase this notice period, but that is usually the case only when you are so disabled that you could not physically or mentally submit notice. You should know that a phone call is not always sufficient, and it is a good idea to send a letter (by certified mail, return receipt request or overnight delivery) to give notice. We suggest you contact your insurance company or plan administrator as soon as possible to avoid hurting your claim.
Why are ERISA claims different?
First, ERISA requires that you go through a complex pre-suit claim process. You can find the Department of Labor's Regulations governing that process at 29 C.F.R. Sec. 2560.503-1. This regulation takes up pages of the Code of Federal Regulations, and Insurance Plan Administrators often do not follow it. Tucker & Ludin will use the law to your advantage whenever possible.
Second, unlike insurance individual insurance policies (which are covered by state law), you lose certain advantages under ERISA, including:
The last point is crucial - courts rarely take testimony in ERISA cases. Disability evidence may include: doctor opinions, forms, vocational expert opinions, functional capacity evaluations, affidavits, "buddy letters," and other information that will help prove you are disabled. In an ERISA claim, if you do not do this right, you will probably lose your case. Tucker & Ludin will help you obtain all of the evidence that you need for your ERISA Disability claim.
Click here to get answers to many commonly asked questions about ERISA.
If you believe we can be of assistance in helping you with the denial of your ERISA Disability benefit claim, please contact us. In the Tampa Bay area, we can be reached by phone at (727) 572-5000. If you are outside the Tampa Bay area, please call us toll-free at (866) 282-5260. ERISA Attorney John Tucker handles ERISA Disability cases for people throughout Florida and the United States, and currently has clients in Bradenton, Clearwater, Cocoa, Ft. Lauderdale, Ft. Myers, Gainesville, Jacksonville, Melbourne, Naples, Ocala, Orlando, Pensacola, St. Petersburg, Sarasota, Sebring, Tallahassee, Tampa, Titusville, and Vero Beach as well as in Illinois, Kentucky, North Carolina, Pennsylvania, Tennessee, Texas, and Georgia. As another option, you may visit our Free Case Evaluation web page, answer the questions on that page, and we will get back to you within 2 business days of receiving the completed questionnaire.
The best time to call is before you file your application for Disability Benefits or while your initial application is pending, but we can usually still help even after you receive a denial from the insurance company or plan administrator. We offer a Free Initial Consultation and various attorney fee options to suit your needs. We can also help you with other types of disability benefit and insurance claims (such as Social Security Disability or Veteran's Disability benefits), so you do not need to hire another law firm to help with other disability cases.
You owe it to yourself to find out your options, and understand what we can do to help you.
You have lost your livelihood.
You cannot afford to lose your claim.
Let Tucker & Ludin help you get the benefits you deserve.
