Disability Claims

When your Ocala Social Security attorney is planning for your Social Security disability hearing, she may consider calling witnesses to testify on your behalf. You will need to testify at your hearing, of course, but the judge may view your statements as more credible if they are supported by the testimony of other people. Your attorney will review the facts and evidence in your case long before trial, and will develop a theory of how you qualify for Social Security disability benefits. Witnesses can serve different purposes depending on what this theory is. Generally, they will be used for one of two things: corroborating your testimony or providing before-and-after testimony about how your disability has affected your activities of daily…Read More

The hearing stage in a Social Security disability benefits claim is perhaps the most important stage in the disability process. It is the first opportunity for the Social Security Administration to question you in person and gauge your credibility. In fact, although most Social Security disability claimants are denied benefits after filing their initial application, those who appeal through the hearing stage are approved more than half of the time. An experienced Ocala disability lawyer can help you improve your chances even more. Your lawyer will provide guidance about the types of questions you are likely to be asked and how to answer them in a way that gives the administrative law judge enough information to find that you are…Read More

- Don't argue your case. Leave that to your Ocala Social Security attorney. All the judge needs to hear from you is how the symptoms of your medical condition limit your daily activities. The factors you might think entitle you to Social Security disability benefits aren't necessarily the factors the judge will consider when deciding if you are disabled. Saying things like, "I'm a good person" or "I have worked my whole life" won't increase your chances of being found disabled. Don't play on the judge's sympathy. - Don't compare yourself to other people. Social Security disability claimants often like to compare themselves to other people, saying things like, "I know someone who has nothing wrong with him, and he…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

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've been denied ERISA Disability Insurance benefits in Ocala, Florida, Claudeth Henry of C J Henry Law Firm can help. Most people pay insurance premiums for years, believing the benefits will be there when they need it. Unfortunately, this is not always the case. In fact, recently there has been a rash of disability claim denials on the initial application for benefits. It seems that the insurance carrier will find any technicality to deny benefits. Fortunately, an experienced ERISA disability lawyer can help navigate the complexities of these federal claims to get you the benefits you paid for.Read More

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Did you know that some insurance companies blatantly discriminate against the mentally ill? Many group disability policies limit the amount of benefit they will pay if the person’s disability is caused by, or related to, a mental illness. Amazingly, some Judges have decided that this type of discrimination against the mentally ill in long-term disability policies is okay. Just think about it – what usually happens to an individual who becomes ill and unable to work? You guessed it - they become depressed. The insurance company loves to see depression mentioned in the medical record. This way they can cut their losses. They also love to see cognitive impairments in your records as well. This can result from a brain…Read More

Most individuals understand that a Plaintiff who wins his or her lawsuit will be awarded attorney’s fees and costs incurred in prosecuting their claim. Unfortunately, attorney’s fees and costs are discretionary under ERISA. Another anomaly in ERISA law is that attorney’s fees and costs may be awarded against either a losing plaintiff or defendant. That’s right. A losing plaintiff may have to pay the insurance company’s attorney’s fees and cost. Some consider it only fair that the loser pays the fee, no matter which side. Others see it as having a chilling effect on the prosecution of the claim, since an individual may forego pursuing an otherwise valid claim out of fear that they would be saddled with the other…Read More