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Sometimes, you can get an extension from the Social Security Administration on the deadline to submit an appeal of the denial of Social Security benefits. To do this, you must show Social Security that there was good cause for missing the deadline. Your Ocala disability lawyer can help you with this process. Send the Social Security Administration your appeal form, as well as a detailed letter explaining why you were late. You may have to also submit an affidavit, depending on what your circumstances are. The Social Security Administration will extend deadlines for “good cause.” In accordance with regulations, the Social Security Administration will consider any circumstances that prevented you from appealing on time; whether Social Security somehow misled you;…Read More

The Social Security Administration’s initial determination of whether you qualify for Social Security disability benefits is not the final word on the subject. In fact, there are four distinct levels where Social Security can evaluate your claim: (1) The initial determination (2) Reconsideration determination (3) A hearing before an administrative law judge (ALJ) (4) Review by the Appeals Council. After review by the Appeals Council, there is yet another channel for review: filing the case in federal court. Keep in mind that you must file your appeal by a certain deadline: for all but one of the levels, there is a 60-day time frame, starting from the date you receive the decision letter. There is a strong presumption that you…Read More

If you have a medical condition that keeps you from working but you have been denied Social Security disability benefits, you should appeal this denial. Statistics show that although most applications for disability benefits are denied, those claimants who appeal their denial through the hearing stage are awarded benefits more often than not. An experienced Ocala Social Security attorney can improve these chances even further. How long do I have to appeal a denial? After you receive your first denial of benefits, you have 60 days to request reconsideration. Few claimants are awarded benefits at the reconsideration stage, so you will probably receive another denial. You will then have another 60 days to request a hearing with an administrative law…Read More

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

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

If you need an experienced ERISA disability attorney in the Ocala, Florida area, C J Henry Law Firm, PLLC can help. We specialize in obtaining disability benefits for people throughout Ocala and the entire state of Florida. Whether you're making an initial application, appealing a denial, or filing suit in Federal Court, our attorney can help.Read More

A Claimant is entitled to 104 weeks of TTD for each seperate, distinct disability resulting from a seperte distinct accident. Auman v. Leverock's Seafood House, 15 FLWCLB 226 (Fla. 1st DCA 2008).Read More

Six-month limitation on payment of temporary benefits for psychiatric disability is not applicable except when Impairment Benefits are actually being paid. W.G. Roe & Sons v. Razo-Guevara, 34 FLW D46 (Fla. 1st DCA 12-31-09).Read More

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

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