CJ Henry Law Firm - Your Disability Law Partner

Speak with a Representative Today! Call 352.304.5300

Our Book

Order our book This book contains secrets that the insurance carrier did not tell you when they sold you your disability insurance policy and the...
» View Details


CJH Law Blog

You are currently browsing the archives for the Discrimination category.

RSS

Archive for the ‘Discrimination’ Category

Two facts your testimony should help to prove

Wednesday, April 11th, 2012

At your Florida Social Security disability hearing, we will most likely be trying to prove two facts:  (1) that you are unable to perform your “past relevant work;” and (2) that you are unable to perform other jobs considering your remaining work capacity, age, education, and experience.

Past relevant work. As for this first fact, we need to prove that you cannot do any job you had during the past 15 years for long enough to learn it.  Jobs that you had for less than 30 days don’t count.  I will ask you to tell the ALJ about the easiest job that you performed during the preceding 15 years. The ALJ will need to understand the reason you can no longer do that job. In explaining why you can’t do the job, you don’t want to waste time on explanations that the ALJ will consider irrelevant.  The ALJ wants to know why you are physically or mentally unable to do the job.  It does not matter that your employer has gone out of business or refuses to hire you because of your medical problems.

Inability to do other jobs. As for the second fact we must prove, you need not be in excruciating pain nor be confined to a bed for the ALJ to conclude you cannot adjust to other jobs.  For example, a 50-year-old claimant, who did not complete high school and whose job experience is limited to unskilled heavy work might have to prove that he can’t perform a light job to be considered disabled. A light job involves standing for six out of eight hours, frequently picking up ten pounds, sometimes picking up 20 pounds. This person may have a back condition that prevents him from doing the lifting and standing required by light work.  He may still be able to do a sedentary or sit-down job.  Nevertheless, he would be disabled because at his age, with his education and work experience, the Social Security regulations do not expect him to be able to adapt to sedentary work.

If I represent you, I will review your situation to determine exactly what you will need to prove at your hearing to win benefits. For more information and legal help with an Ocala Social Security disability hearing, contact Ocala disability lawyer CJ Henry by filling out the claim evaluation form on this page.

Common issues in Florida Social Security disability claims involving alcoholics and drug addicts

Friday, April 6th, 2012

Separating mental impairments resulting from addiction from mental impairments not caused by addiction

It is particularly helpful to have an experienced disability lawyer assist you with your Florida Social Security disability claim when documented substance use disorders and mental impairments are involved. As an experienced Ocala disability lawyer, I know that these are some of the most complicated and difficult disability claims because it is extremely difficult to differentiate between mental limitations resulting from substance use versus mental limitations resulting from other causes. If you have mental impairments that would diminish sufficiently to allow you to work if you stopped using drugs or alcohol, you will not be disabled.

Because of this, the Social Security Administration suggests that the most useful evidence come from a period when the claimant is not using drugs or alcohol.

Prejudice against alcoholics and addicts

While alcoholism and drug addiction can be common issues affecting our society today, Florida disability claimants who suffer from these afflictions can often be viewed with prejudice by Social Security Administration adjudicators.

As an Ocala disability lawyer, the best thing I can suggest to an Ocala disability claimant suffering from alcohol or drug addiction is to stop drinking or using drugs. The greatest evidence of disability that can be presented in a case that involves drug abuse or alcoholism comes after a claimant has stopped using drugs or alcohol. It is much easier to prove a Florida disability case if a claimant remains incapable of working after a significant period of sobriety. However, it will do a claimant no good to lie that he or she has stopped using drugs or alcohol. Indeed, lying about this will likely make the case more difficult to win.

Florida Social Security disability cases involving drug addiction or alcoholism can be very complex. Contact dedicated Ocala disability lawyer Claudeth J. Henry for help with your disability case.

Discrimination against the Mentally Ill

Wednesday, February 4th, 2009

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 injury or certain neurological condition. If you have a slip and fall striking your head, the insurance company will almost always try to label your brain injury as mental illness. If you don’t believe me read the sample appeal that is posted on our website. That is precisely what happened in our client’s case. Not only that they tried to paint her as a malingerer. Don’t let that happen to you. Get competent legal counsel who is not afraid to go against the insurance company.

Free Case Evaluation

The future of your disability benefits cannot wait!
To learn more today, call us
at 352.304.5300 or fill out the following form
Free Case Evaluation Form:





CJ Henry Law Firm, PLLC
1531 SE 36th Avenue
Ocala, Florida 34471
» Directions

Phone: 352.304.5300
Fax: 352.304-6072
Email: info@cjhenrylaw.com