CJ Henry Law Firm, PLLC

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Ocala, FL 34471

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CJ Henry Law Firm, PLLC

Employee Retirement Income Security Act

  • 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 7, 2009

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

  • Published: February 4, 2009

Statute of limitation is the period of time in which an individual must file a suit in court. Failure to file within the specified time may result in being forever barred from pursuing their claim. Unfortunately Congress did not specify a statute of limitation in the ERISA statute. Although ERISA is governed by Federal law, the courts have uniformly allowed the use of the most analogous state statute of limitation, unless plan documents specify a shorter period of time. While I have seen statute of limitation as short as 1 year, there is a 1998 case where a Florida court held that a 90 day statute of limitation from the date of the plan’s final review of the claim was…Read More

  • Published: February 4, 2009

This past weekend, my single goal was to blog. Instead my husband surprised me with tickets to the Caribbean festival in Marion Oaks at Champaign’s farm. What an awesome weekend we had! It was great seeing old friends like Dr. Pam Lewin and Heather-Dawn, as well as meeting new friends and acquaintances. But who can talk about a Caribbean festival without talking about the food? Food was provided from morning until night. Breakfast included ackee & salt fish, green banana and fried dumplings. For lunch there was fish, jerk pork, chicken, run down and festival. Then there was dinner and supper with all the great island food including curried goat, gungu pea and red pea soup and much, much more.…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

  • Published: January 29, 2009

No one is immune from everyday pitfalls and mistakes that everyone is bound to make, but there are some avoidable ones I see over and over again. Applying for disability benefits before reading the disability insurance policy. I tell my clients that applying for disability benefits without reading your policy is like playing baseball where only one team has the rule book. Your disability policy governs your claim. It tell what it means to be disabled, how benefits are calculated, the deadline to provide proof of claim, limitations on benefits and much, much more! Wouldn’t it be devastating to make the difficult decision to leave your job, apply for benefits, and then find out your condition is limited or excluded…Read More

  • Published: January 29, 2009

In ERISA long term disability cases there are a number of deadlines. Missing any of them could be fatal to your claim. >Providing Proof of Loss – Most insurance policies will have a deadline for providing proof of your disability. Some require that you submit proof as soon as you know of your injury/illness or disability resulting from those. Others may extend the time period up to a year from when you became disabled. Failure to notify your insurance carrier in a timely manner could result in a denial of your claim. I see this often when a disabled individual has another claim such as a workers compensation claim and they fail to put the disability insurance carrier on notice…Read More

  • Published: January 29, 2009

Federal Court refuses to dismiss ERISA claim. Employer’s policy prohibited employees from smoking tobacco products at any time regardless of whether they were in the workplace or not. The plaintiff was fired for having tested positive in a urine test. The purpose of the policy was to save money on medical insurance costs and promote healthy lifestyles among employees. The plaintiff claimed that his termination violated Section 510 of ERISA because the company’s action “interfered with” his participation in the company’s employee benefit plan, which he would have been entitled to had he remained employed. The plaintiff has also filed an invasion of privacy state claim. Rodrigues v. Scotts Co., LLC, 07-10104 (D. Mass. Jan. 30, 2008)Read More

  • Published: January 29, 2009

We have all heard the Surgeon General’s warning: smoking is bad for your health. Now, it seems a new label is needed stating that smoking is bad for your job. Recently a Massachusetts employee was terminated form his employment because he tested positive for nicotine. According to the employee, he never smoked on the job or during working hours. He did not smoke during breaks from work or in the presence of other employees or customers of the employer. In his complaint, the employee alleged that the company’s anti-smoking policy violates the Employee Retirement Income Security Act (ERISA) because it discriminates against the participants in the corporation’s health benefits plan for the purpose of interfering with their receipt of medical…Read More