Resources

The Social Security Administration’s initial determination of whether you qualify for Social Security disability benefits is not the final word on the subject. In fact, there are four distinct levels where Social Security can evaluate your claim: (1) The initial determination (2) Reconsideration determination (3) A hearing before an administrative law judge (ALJ) (4) Review by the Appeals Council. After review by the Appeals Council, there is yet another channel for review: filing the case in federal court. Keep in mind that you must file your appeal by a certain deadline: for all but one of the levels, there is a 60-day time frame, starting from the date you receive the decision letter. There is a strong presumption that you…Read More

If you have a medical condition that keeps you from working but you have been denied Social Security disability benefits, you should appeal this denial. Statistics show that although most applications for disability benefits are denied, those claimants who appeal their denial through the hearing stage are awarded benefits more often than not. An experienced Ocala Social Security attorney can improve these chances even further. How long do I have to appeal a denial? After you receive your first denial of benefits, you have 60 days to request reconsideration. Few claimants are awarded benefits at the reconsideration stage, so you will probably receive another denial. You will then have another 60 days to request a hearing with an administrative law…Read More

Sometimes a Social Security disability claimant will come to an Ocala disability lawyer worrying about the Social Security disability hearing. Many claimants are physically uncomfortable sitting for long periods of time, and no one wants to be put on trial—especially not for private matters like his or her health. The Social Security Administration recognizes this fact, and they try to make sure that the hearing is a comfortable and low-stress experience compared to a court trial. The hearing will take place in a room that looks more like a conference room than a courtroom. You will not be required to dress formally. Wear comfortable clothes (within reason). If your medical condition necessitates alternating sitting and standing, the administrative law judge…Read More

A Florida Social Security disability hearing is supposed to be less formal than a courtroom trial, though it shares some similarities, and the Social Security Administration will make an effort to make you comfortable. One way in which the low-key nature of a disability hearing versus a court trial is evident is the number of people at the hearing. There will be a minimum of three people, seated at a conference table. You will be present, of course, along with the administrative law judge. The judge will also have an assistant, who may sit at the conference table or at a smaller table nearby. The assistant's job is to make a recording of the hearing, which will be copied to…Read More

Facing a double whammy of the aging of the baby boomers and the economic downturn, the Social Security Administration faces an unprecedented backlog of claims, Michael Astrue, commissioner of the Social Security Administration, told members of the House Ways and Means Committee earlier this year. "Over the past few years, we anticipated and planned for the additional disability claims caused by the aging of the baby boomers who are now entering their most disability-prone years. Regrettably, the deterioration we saw in the national economy exacerbated our already fragile situation," Astrue testified on April 27. Nationwide, Social Security anticipates this year receiving 3.3 million disability claims, up 700,000 applications - or 37 percent - from 2008. Because of this backlog, it…Read More

A CT technologist at an area hospital applied for benefits under her disability insurance policy that she paid for through payroll deductions. Although she had rotator cuff tear for many years, her employer accommodated her restrictions so that she could continue working. She filed a claim when Fibromyalgia and Chronic Fatigue, combined with her other medical conditions, made it impossible for her to perform the duties of her occupation. As a CT technologist, she needed to be able to walk, bend, stoop, lift and reposition patients and equipments and be ready to respond in an emergency. Unum denied her STD claim, solely on the basis that the condition was work related. Claudeth Henry, of CJ Henry Law Firm, PLLC partnered…Read More

In an ERISA action for wrongful denial of long term disability benefits, United States Magistrate Monte C. Richardson, granted our client’s Motion to compel certain documents and response to interrogatories. Specifically, Judge Richardson ruled that the requested claims evaluation guidelines and training material is directly relevant to whether proper procedures were followed in compiling the record in the instant case, as well as necessary to determining the accuracy of the instant claim. Additionally, the court found that information relating to compensation, bonuses, and awards may be relevant to the existence and extent of a conflict of interest. Finally the court ordered Prudential to produce the servicing agreement between Prudential and MLS Medical Evaluation Services, Inc. in effect at the time…Read More

Once your ERISA claim is denied, you can file a federal lawsuit to get your benefits. However, ERISA laws require that you submit an appeal to the plan administrator (or insurance company), within 180 days of the date of the denial letter. If an administrative appeal is not submitted timely, your right to sue will be lost. That does not mean you must rush with a knee-jerk reaction to request a review. You would never think of having a trial on a disability issue without calling witnesses: your doctor, maybe a co-worker, employer, friends, or family who knows you best. Yet, that is exactly what you will do if your appeal is not properly prepared and presented. That is because…Read More

If you need an experienced ERISA disability attorney in the Ocala, Florida area, C J Henry Law Firm, PLLC can help. We specialize in obtaining disability benefits for people throughout Ocala and the entire state of Florida. Whether you're making an initial application, appealing a denial, or filing suit in Federal Court, our attorney can help.Read More

On Friday, May 1, 2009, the Florida Legislature passed HB 903 which essentially prevents Florida’s injured workers from being able to find an attorney willing to represent them in court to fight the insurance companies that wrongfully deny the benefits needed to recover from injuries. However, there is still hope! The bill is in the process of being sent to Governor Crist. It isn’t too late for you to get involved and ask the governor to veto this harmful and unjust bill. We need you to contact Governor Charlie Crist TODAY!! To reach him by phone, you may contact the Citizen Services Hotline at (850) 488-4441, or you may email the governor at Charlie.Crist@MyFlorida.com Tell Governor Crist to support Florida’s…Read More