CJ Henry Law Firm, PLLC

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Ocala, FL 34471

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CJ Henry Law Firm, PLLC

Long Term Disability

  • Published: August 14, 2014

If you are seeking SSD benefits, then you must be ready to answer questions about your conditions from the ALJ or your lawyer at the disability hearing. A qualified Social Security disability attorney in Ocala will cover the important questions and find answers. Driver's License and Handicapped Parking Permit Do you currently have a driver's license? If you do not, did you ever have one in the past? Can you explain to your Social Security disability attorney in Ocala why you don't have a license right now? What are the specials restrictions on your driver's license, if any? Some examples include: Glasses. Times of day. Speed. Distance. Do you possess a handicapped parking permit? If there is an automobile you have regular…Read More

  • Published: April 24, 2014

In the paragraphs below, an experienced Ocala Social Security disability law office attorney explains the importance of your treatment history. Role of Your Medical Records Medical records document everything you have done in your efforts to cure or improve your condition. They document your symptoms, what your physicians have prescribed or done, your compliance with their instructions and the results of treatment. They also provide documentation for your Ocala Social Security disability lawyer and the ALJ of the existence and severity of the condition that your claim cites as rendering you unable to work. Current and Complete Medical Records You can contribute to the accuracy and completeness of your medical records by implementing the following suggestions: Consult a physician. Your…Read More

  • Published: February 16, 2012

As an Ocala disability lawyer, I know that successful claimants are sometimes worried about losing their benefits after a continuing disability review. The Social Security Administration, or SSA, performs continuing disability reviews to ensure that individuals receiving disability benefits are still disabled. The SSA usually performs a continuing disability review of each case every three years, but the SSA may choose to review a case more frequently for a variety of reasons. The Notice of Award that you receive following your initial disability claim approval may inform you regarding when to expect a review of your disability benefits. A continuing disability review requires little effort from you. During a continuing disability review, you complete a form detailing your medical treatment,…Read More

  • Published: October 30, 2010

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

  • Published: October 30, 2010

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

  • Published: May 16, 2009

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

  • Published: February 4, 2009

Do you ever wonder what would happen if an injury or illness wiped out all of your savings?  You may say “I have disability insurance for that”.  That’s a good start, but what if they don’t pay?  Then what?  Do you have a back up plan?  Waiting to find out could cost you everything you own. If you have already purchased a disability policy, here is some of what you should look for: How long is your elimination period?  The elimination period is the amount of time you must remain disabled before the insurance company will begin paying you.  For most long term disability, the elimination period is 180 days.  That means you will need at least enough money to…Read More

  • Published: February 4, 2009

It’s a fact that most Americans are only a few paychecks away from financial disaster. Disability Income insurance offers some protection by protecting a portion of your income. Most disability plans will only cover up to about 2/3 of your gross income. However, I’ve seen some plans that cover only 40 % of your income. In an ERISA plan where the premium comes out of your paycheck, you’ll want to have your employer deduct the premium after taxes, or out of your net paycheck. The reason is that if you deduct the premium before taxes are taken out, when you have a claim, your benefit will be subject to income taxes. As you can see, if you had to pay…Read More

  • Published: January 29, 2009

Go to the doctor. Regularly. Make sure you are clear with the doctor about new symptoms. If you are shy or nervous and feel uncomfortable about doing this, bring along a family member. Keep a diary of symptoms. Have your client keep one too. We have a sample form on our website here . This is important. It lets the disability carrier know how disabling your condition really is. Send the diary to the LTD carrier and advise the carrier if it is a representative, i.e. typical, week or week for you. Keep a copy. Ask your doctor about the combined effects of your medications. Sometimes your condition alone may not be disabling but the combination of your medications can…Read More

  • Published: January 29, 2009

Here a simple thing you can do that could have a tremendous impact on your long-term disability claim: Take a picture! Suppose you have a condition that is visible to the naked eye, or you struggle to perform certain activities. How do you convey this to the insurance carrier who is deciding your case? There are many different possibilities: Day in the Life Video – Have a family or friend take a video of you going through a routine day showing difficulties such as making your bed, combing your hair, using medical equipment if that applies, or capturing a medical condition such as a drop foot. Videotape a few of the activities you struggle to perform – Ex: transferring from…Read More

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