CJ Henry Law Firm, PLLC

2303 East Fort King Street
Ocala, FL 34471

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CJ Henry Law Firm, PLLC

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  • Published: February 4, 2009

Unfortunately, you may need to get another doctor, or at the very least a second opinion. Your physician plays a vital role in your disability claim. Not only must his records provide objective evidence of your illness and impairment, he must also be willing to cooperate with the insurance carriers by completing forms and participating in telephone conferences. Therefore, if you are considering leaving your job to file a claim for disability insurance benefits, you should make certain that your doctor fully understands why you believe you cannot perform your occupation. If your doctor still refuses to cooperate, consider obtaining a second opinion.Read More

  • Published: February 4, 2009

Recently, California Governor Arnold Schwarzenegger signed into law a bill that prohibits health insurers from giving bonuses to employees for canceling or limiting a patient’s coverage. Apparently this law was in response to reports that insurers had rewarded employees who canceled coverage retroactively to avoid paying for costly health services. Read more here. Some things should not need a law, just common decency. Sadly, as long as Corporate America continues to put profits over people, we will need our government to step in to protect the most vulnerable among us: the sick and disabled. It is time for all states to get involved and put an end to this type of shenanigans.Read More

  • Published: February 4, 2009

According to the FDA, a recent report from the Institute for Safe Medication Practices (ISMP) warns about the dangers of misprescribing fentanyl transdermal patches, such as Duragesic. Recommendations to help avoid tragic and preventable errors includes: Sometimes patients and family members do not understand that heat can increase absorption of the drug to dangerous levels. So patients should be told to avoid heating pads, electric blankets or hot baths while the patch is in place, and let their doctors know if they develop a temperature above 102 degrees. There have also been cases where children found used patches in the trash and applied them to their own bodies, and died as a result. And so patients should be warned to…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

Check out “Insurance Company Rules” - a collaboration between Health Care For America Now (HCAN) and Public Service Administration (PSA).Read More

  • Published: February 4, 2009

Does it seem like the insurance company is taking too long to decide your claim?  Are they asking you for extension, after extension after extension to decide your claim?  Do they ask you to send them more evidence of your disability only send you back a big fat denial?  Delays and denials by the insurance company are just some of the frustrations expressed by our clients in ERISA disability clients.  While the regulations set the standard on the time limits of when the insurance company must decide an initial application or an appeal of a denied claim, as well as how many extensions they can request and the length of the extensions, there are things you can do to help…Read More

  • Published: February 4, 2009

Did you know that in insurance disability claims the insurance company can secretly videotape your activities?  That’s right; the van parked down the street could have a video camera watching your every move. When they send you that activity log to fill out, don’t be fooled.  They are not really wanting to know how limited you are in your activities; they want to see if they can catch you in a lie about your activities.  When you complete those activity logs NEVER say you NEVER engage in any specific activity. Follow your doctor’s advice on what activities you can engage in and those you should avoid. Keep a diary of your daily activates which you can refer to when completing…Read More

  • Published: February 4, 2009

Imagine going out on disability, losing all your benefits – health insurance, life insurance, maybe even your job –only to find out you do not qualify for disability benefits under your insurance policy. This could lead to financial disaster. Every year millions of people purchase disability insurance, negotiated by their employer, without ever reading the policy. Because they didn’t read the policy they didn’t realize that there are preexisting clauses that may disqualify them from collecting benefits or that the policy limits or denies coverage for the medical condition that they have, or that the benefits offered under the policy are not enough to replace their loss of income. Not only do they have one of these worthless policies, but…Read More

  • Published: February 4, 2009

Did you know that in ERISA disability cases there are no real trials? That’s right, NO TRIAL. Once the insurance company denies your disability claim and your appeal is over, you get a chance to file a lawsuit. However, this suit isn’t tried before a jury of your peers. You cannot bring in witnesses to testify about how disabled you are. You cannot tell the Judge how your illness or injury prevents you from working. Not even your doctor can come in and testify on your behalf. When you file a lawsuit in an ERISA disability case, a Judge will decide your case. The only evidence he will review is what is already in the claim file when the insurance…Read More

  • Published: February 4, 2009

Some Disability policies blatantly discriminate against the mentally ill. Many policies set limits on the amount of benefits they will pay if mental illness plays any part in a person’s disability. Some will even terminate benefits after 24 months if mental illness is the reason the person is unable to work. It should be no surprise that even our government discriminates against the mentally ill by the amount they pay for medical services for mental illness. Currently, Medicare recipients pay 50% co-pay for mental health services. Therefore, the Medicare Improvements for Patients and Providers Act of 2008 was a welcome reprieve for patients with mental illness. Under the new law, Medicare recipients will eventually pay the same 20 percent co-payment…Read More

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