What makes for a successful disability law partner?

Equal parts tenacity, know-how, and compassion

OVER 90% SUCCESS RATE

With a proven high success rate of over 90% in 500+ cases, we at CJ Henry Law Firm guarantee our clients 100% qualified, professional attention to their case.

Success Stories

We cannot guarantee a successful outcome for you or any other future client, but the following list is a small sampling of just a few representative cases that we have handled.

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COUNT ON US

We uniquely combine our years of experience in the medical and legal fields to deliver a high rate of successful outcomes. Our experience, compassion, deep understanding of medical terminology and analyses, plus our unbridled legal tenacity have earned us great success for our clients.

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An Ocala FL ERISA Attorney Can Help You With Your Claim or Appeal

We understand how daunting a disability insurance claim can be when you’re not represented by an ERISA attorney. You’re dealing with conflicting information from the insurance adjuster, you’re constantly filling out forms, and you’re pretty sure that a private investigator is tracking your activity. Then, you get a denial letter. While you may feel like giving up, you have options. An experienced ERISA attorney at CJ Henry Law Firm can help.

Am I Disabled Under ERISA?

Each disability insurance plan has its own definition of disability. Before you can assess your eligibility for either long term or short term disability insurance benefits, you need to review your plan documents. An ERISA attorney can help you obtain and understand the complicated and highly technical information contained in your plan’s summary plan description (SPD) and plan document.

Generally speaking, you will have to show that you are either unable to perform your “own occupation” or “any occupation” for an extended period of time. While this might sound simple, it’s actually a complicated analysis. Your ERISA attorney might:

  • Review your medical records and the opinions of your doctors, documenting your diagnoses, limitations, and your likelihood of making a physical or emotional recovery
  • Assess your education, work history, job duties, and other factors that might impact your ability to obtain a job
  • Consult with medical and vocational experts that can provide insight into your claim
  • Assess the disability insurance plan’s exclusions, exceptions, and claim procedures
  • File detailed written arguments and evidence that supports your claim

If you’d like to learn about ERISA disability claims and your eligibility, contact CJ Henry Law Firm for a free consultation.

What Is the Employee Retirement Income Security Act (ERISA)?

The Employee Retirement Income Security Act of 1974 (ERISA) regulates all employer-funded benefit programs. This includes employee benefits such as:

  • Pensions
  • Healthcare insurance plans
  • Disability insurance plans
  • Employer-sponsored life insurance
  • Accidental death and dismemberment coverage
  • Other insurance plans and benefits

When ERISA covers an insurance plan, the company and its representatives must follow certain policies and procedures. The law also controls the claims and appeals processes.

How Can an Attorney Help You Appeal a Denied Claim?

It’s important to understand that claims under ERISA are handled very differently than other insurance claims (like those involving car crashes). If you disagree with an insurance company’s denial of benefits you must follow a two-step appeal process.

  • Administrative appeal: the insurance company must review your claim again, assess any additional information you submit, and issue another decision. At this stage, you can submit as much evidence as you want that supports your claim.
  • Federal lawsuit: after the administrative appeal process is complete, you can file a lawsuit in federal court. However, the judge will not consider any newly-provided evidence that you try to submit. Instead, they will consider whether the insurance company violated certain standards, based on the information in your insurance company case file (sometimes called your “administrative record”).

Both appeals have their own filing deadlines and other requirements as well. An ERISA attorney can make sure that you don’t miss anything that could be detrimental to your appeal.

Because you can’t submit new evidence during a federal court appeal, it’s vital that you get legal assistance early on. Unfortunately, some insurance adjusters discourage disabled workers and their families from consulting with an ERISA attorney. Even if the adjuster or claims representative seems pleasant, they are not on your side. And if you wait too long to speak with an experienced lawyer, you might lose your right to disability insurance benefits.

Disabled Workers Deserve Honest Advice and Tireless Advocacy

The sooner you retain an experienced ERISA attorney, the sooner they can start reviewing your claim, stacking your administrative record with supporting evidence and building a comprehensive disability claim strategy for you and your loved ones.

At the CJ Henry Law Firm, we’ve built a strong reputation for ERISA advocacy. Our team offers a unique combination of both legal and medical experience that we put to use for our clients and their families. We understand the complexities of both administrative and federal ERISA appeals and help our clients fully understand their legal options. To request a free, no-risk evaluation, contact us today.

Speak With an ERISA Attorney at CJ Henry Law Firm

It’s time to stand up to the insurance company and demand the benefits that you deserve. An ERISA attorney at CJ Henry Law Firm can help. Our experienced team of professionals carefully studies each and every case we handle and fights for the benefits that our clients need to survive. We also give our clients the practical advice, respect, and compassion that they deserve during a difficult time. If you’d like to learn more about our approach to ERISA disability insurance claims, contact us today.

Practice areas

blog

What Qualifies for Short-Term Disability?

November 28, 2018

It's important to know what qualifies for short-term disability coverage in order to get the most out of your income, meet the needs of your family, and get the benefits you pay for. Short-term disability coverage is ...

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5 Reasons Long Term Disability for Depression and Anxiety Is Denied

November 27, 2018

If you suffer from depression and anxiety, you are not alone. Statistics show that no less than 40 million American adults – a full 20% of the population – share this debilitating illness. The symptoms and outcomes a...

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Understanding How the Independent Medical Examination Works

November 20, 2018

If you are seeking disability, you may have to go through an independent medical examination (IME). It can be intimidating to attend a medical exam with a doctor you don’t know. However, your disability attorney can he...

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This book contains secrets the insurance carrier didn't tell you when they sold you your disability insurance policy. Also, learn the many traps waiting for your when you file your claim.

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Success Stories

MacDonald v. UNUM Life Insurance Company of America (Nov 2015).

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Meyer v. Life Insurance Company of North America et al (Sep 2015).

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Staley v. Life Insurance Company of North America et al (Sep 2015).

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Butler v. AT&T Umbrella Benefit Plan No. 1 (Aug 2015).

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Weiss v. Life Insurance Company of North America et al (Jul 2015).

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Lawrence B. Bates v. Robert A. McDonald (Jun 2015).

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Roberson v. Hartford Life and Accident Insurance Company et al ().

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Frazier v. Life Insurance Company of North America et al (Feb 2015).

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Day, Albert Valentine Jr v. Ace American Insurance Company ().

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Shabat v. Metropolitan Life Insurance Company et al (Jul 2014).

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Redish, Barbara A v. Standard Insurance Company (Jul 2014).

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Lane v. Lincoln National Life Insurance Company (Jun 2014).

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Nancy A Haan v. American Family Life Assurance Company of Columbus (Nov 2013).

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Thomas v. The Prudential Life Insurance Company of America (May 2013).

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Kridler v. Life Insurance Company of North America (Feb 2013).

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Charles A. Turner v. Hartford Life and Accident Insurance Company et al (Jan 2013).

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Hooper v. UNUM Life Insurance Company of America et al (Jul 2012).

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Arnold v. AT&T, Inc. et al (Jul 2012).

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Arneaitha Eldridge v. Eric K. Shinseki (Dec 2009).

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contact us

Address 2303 East Fort King Street Ocala, Florida 34471

Phone 352.304.5300

Fax 352.304-6072

Email info@cjhenrylaw.com