Resources

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

In an ERISA action for wrongful denial of long term disability benefits, United States Magistrate Monte C. Richardson, granted our client’s Motion to compel certain documents and response to interrogatories. Specifically, Judge Richardson ruled that the requested claims evaluation guidelines and training material is directly relevant to whether proper procedures were followed in compiling the record in the instant case, as well as necessary to determining the accuracy of the instant claim. Additionally, the court found that information relating to compensation, bonuses, and awards may be relevant to the existence and extent of a conflict of interest. Finally the court ordered Prudential to produce the servicing agreement between Prudential and MLS Medical Evaluation Services, Inc. in effect at the time…Read More

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

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

On Friday, May 1, 2009, the Florida Legislature passed HB 903 which essentially prevents Florida’s injured workers from being able to find an attorney willing to represent them in court to fight the insurance companies that wrongfully deny the benefits needed to recover from injuries. However, there is still hope! The bill is in the process of being sent to Governor Crist. It isn’t too late for you to get involved and ask the governor to veto this harmful and unjust bill. We need you to contact Governor Charlie Crist TODAY!! To reach him by phone, you may contact the Citizen Services Hotline at (850) 488-4441, or you may email the governor at Charlie.Crist@MyFlorida.com Tell Governor Crist to support Florida’s…Read More

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

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

Some of my ERISA and long term disability clients have medicine cabinets filled with expired drugs or medications they no longer use. How should you dispose of them? According to the Food and Drug Administration (FDA) most drugs can be thrown in the household trash, but consumers should take certain precautions before tossing them out. A few drugs should be flushed down the toilet. And a growing number of community-based “take-back” programs offer another safe disposal alternative.Read More