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Those who need to file a claim under ERISA (Employee Retirement Income Security Act) often find themselves saddled with confusing requirements and demands from the insurance company that furnishes your employer with their policy. Indeed, they make it intentionally difficult because if there are too many claimants drawing on the plan at the same time, then the fund becomes insolvent. Nonetheless, they have a legal and moral duty to act on behalf have the best interests of their policyholders. If you are concerned that an injury or ailment will prevent you from working for an extended period of time, an ERISA litigation attorney at CJ Henry Law Firm can help you get the evidence you need to cash in on your claim. Below,…Read More

You’re probably wondering how the insurance company could have possibly denied your disability insurance claim. Unfortunately, it is very common to be denied on the first try. Insurance companies are not in the business of paying out every claim that comes their way. But understanding why and how they deny claims can help you develop the best case you can when you appeal. If you have a denied claim, you have options. As ERISA disability attorneys, our team at CJ Henry Law Firm has helped many of our clients appeal unfair denials and collect the evidence they need to prove their case. In cases where the insurance company was acting in bad faith, we can help you dispute the decision in court. You…Read More

Are you involved in a disability case? A Florida disability lawyer knows how the judge in your case determines disability. Disability Hearing with an Administrative Law Judge Your case will likely be seen by an Administrative Law Judge. This judge will have the responsibility for determining whether or not you are disabled. The process for making this determination is technical, complicated and often not logical. Determining Eligibility for Social Security Disability Benefits Any determination of disability is hypothetical, meaning that it does not necessarily have anything to do with the real world. For example, you may think that you cannot get a job because of your disability, but the court may think otherwise. The Social Security Administration is not concerned…Read More

An Ocala Florida Social Security disability attorney can answer a client's questions about their hearing. Preparing for the Room in Which the Hearing Will Be Held An attorney from the Ocala Florida Social Security disability law firm will describe the room in which the hearing will be held. It is generally a typical conference room. There might be an American flag or the Social Security Administration's seal, but little else. There will be a conference table. A second, smaller table might be in the room for the assistant to the judge. The judge's desk will usually be higher than the other tables in the room. Understanding the Recording Devices There will be recording equipment in the room. You must speak in a…Read More

It’s common for disability claimants who have reached the hearing stage of the process to want to know exactly what the hearing will be like prior to the hearing date. They may ask their Ocala Social Security disability attorney for detailed questions about the judge, the questions or the procedure that will be followed. What the Social Security Hearing Procedure Will Entail Unfortunately, your Ocala Social Security disability attorney can tell you that the regulations do not set forth very detailed procedures for disability hearings. The stated purpose of the hearing is to provide an avenue for the administrative law judge to inquire fully into the issues, question you (the claimant) and other witnesses regarding your disability and review any…Read More

Here are some common questions you might ask your Ocala Social Security disability lawyer have about your Social Security disability hearing. When will I receive notice of my decision after the hearing? The answer to this question varies a lot. The national average from the date of a hearing request until the decision is sent out is roughly 15.5 months, though your Ocala Social Security disability lawyer can tell you what he or she has observed. After a hearing is held, a decision is typically made in two to three months unless the judge has issued a bench decision right after the hearing. Once you are awarded a favorable decision, you will start to receive benefits in one to two months.…Read More

In this article, an experienced Ocala Social Security disability benefits lawyer discusses the means whereby the Social Security Administration assess psychological and mental impairments. Reaching the C Criteria The C Criteria is assessed once it is established that the claimant has a medically determinable impairment, but the level of severity is unclear such that the B Criteria is not met. In order to fill the requirements of the C Criteria, the patient must be diagnosed as having: A condition associated with anxiety; Schizophrenia, paranoia or another psychotic condition; An structural or organic mental condition; A mood-related or affective condition. Affective, psychotic and organic conditions must all meet the same C Criteria. For all three, the patient must have had the condition…Read More

Even when you have a strong disability case, you may need to jump through some bureaucratic hoops in order to get approved for benefits. Going it alone can be daunting and confusing, but when you work with an Ocala Social Security disability law firm, you will give yourself the best chance of success. Every case is different, so your attorney will analyze your situation and determine the best way to present and win your case. There are a number of ways your disability lawyer will help you. Here are a few of them. Fill Out Paperwork As you proceed through the application process, you will find yourself swimming in paperwork. You will be required to fill out forms about your…Read More