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Many Florida veterans pursue Social Security disability benefits without realizing how their VA records can either strengthen or undermine their claim. While VA disability ratings are not binding on Social Security, the medical evidence underlying those ratings can be powerful when properly presented. In this article, we explain… How the SSA evaluates VA disability evidence. Which types of VA records are most persuasive. How veterans can translate VA-rated conditions into work-related limitations. How Does The SSA Consider VA Disability Ratings When Reviewing An SSDI Application? The Social Security Administration and the Department of Veterans Affairs apply fundamentally different disability standards. The VA assigns disability ratings based on service-connected conditions using a percentage system, while Social Security applies an all-or-nothing standard…Read More

CJ Henry Law Firm, PLLC | Your Dependable Disability Advocate In Ocala, FL Applying for Social Security Disability is a fraught, complex and time-consuming process. In the end, you're facing a substantial likelihood of denial. You may already have heard that almost 70% of Social Security Disability applications are denied at the outset. If your claim is strong and you make it to the hearing level, your odds improve a little: you have a 46% chance of success. That doesn’t mean you shouldn’t have hope. What does SSA Disability approval take? Success depends on the meticulous preparation of your case. Your medical records, witness statements and other evidence must be well-documented and thoroughly organized to prevail. Success also takes patience.…Read More

How Do Disability Settlement Negotiations Work? In a negotiated settlement, you give up rights to future payment of benefits in exchange for a certain sum of money. What Is A Lump Sum Settlement For A Long-Term Disability Claim? A lump sum settlement is a fixed payment of benefits to resolve your claim in its entirety. What Factors Do Insurance Companies Consider When Calculating Lump Sum Offers? There are a number of factors that insurance companies consider when calculating lump sum offers, including: The nature of your disability, The amount of benefits owed, The likelihood of your recovery, The length of payment due, Medical conditions that might affect your life expectancy, And more… How Do I Know If The Insurance Company…Read More

In this article, you can discover… Common chronic disorders covered by ERISA How to effectively document your invisible illnesses for ERISA. How an ERISA attorney can help you overcome filing challenges. Can I File An ERISA Disability Claim If I Have A Chronic Illness Or Autoimmune Disorder? Absolutely. Regardless of the nature of the medical condition, if it prevents you from being able to perform the duty of your occupation or your job, you can file an Employee Retirement Income Security Act (ERISA) disability claim with your employer. What counts as a chronic illness? Frequently seen chronic illnesses include…  Rheumatoid arthritis Sjögren's syndrome Lupus Multiple sclerosis Chronic pain Degenerative gist disease, and  Fibromyalgia What Are The Challenges Of Filing A…Read More

In this article, you can discover… How the wording of an employer’s insurance policy can impact an ERISA claim. Common limitations found in workplace policy language. How a knowledgeable ERISA attorney can help you unpack vague or complex policy language. How Does The Specific Language Of A Policy Impact An ERISA Claim? The language used in an employer’s insurance disability policy is everything. It governs your responsibilities and the responsibilities of your employer. Policy language also describes what you must do to receive benefits and what the insurance company must do once you satisfy their obligation. It covers how long the insurance company must pay benefits and if there are any limitations to the benefits that they pay. All of…Read More

In this article, you can discover… How to avoid common mistakes when submitting medical records with a claim. How an attorney can help you better understand and apply medical terms. How to ensure your medical records are complete and thorough.  Why Are Thorough Medical Records So Crucial In Social Security Disability Claims? The evidence in your medical records must be complete and detailed enough for the Social Security Administration to determine the nature and severity of your impairment. Records should also include how long you’ve experienced the impairment. A strong connection should also be made between the impairment, its symptoms, and the symptoms’ impact on your ability to work. Incomplete medical records can result in a delay or termination of…Read More

In this article, you can discover… The most commonly made mistakes on Florida ERISA claims. How to avoid common errors when making an ERISA claim. The benefits of hiring an attorney to help you handle your claim. What Are Common Errors People Make During Application For An ERISA Claim? ERISA, or Employee Retirement Income Security Act, allows you to file a claim for disability benefits with your employer’s insurance. When filing a claim, be sure to properly review your medical records to correct any errors or omissions. You may assume that your physician agrees that you’re disabled or may assume that an insurance company will agree with your doctor’s conclusions. These assumptions can cost you a claim, as can failing…Read More

In this article, you can discover: The process of requesting a second-level review for an ERISA claim denial. How to file an ERISA appeal and the additional evidence needed for a successful appeal. The federal-level appeal process and the importance of hiring an attorney for ERISA cases. Can I Request A Second Level Review If My Initial ERISA Claim Is Denied? The claim and appeals procedures are outlined in your insurance policy or the summary plan description for your benefit plan. Most plans require one level of appeal, while others require a second level before you can bring a lawsuit. Be sure to follow the guidelines of your specific disability plan. Will The Denial Letter Tell Me Exactly Why My…Read More

In this article, you can discover: The duration and coverage of short-term disability plans. ERISA eligibility and common reasons for short-term disability claim denials. Steps to take when your short-term disability claim is denied and the role of an attorney in an ERISA appeal. How Long Is Short-Term Disability? The maximum benefit period for short-term disability depends on your benefit plan. Short-term disability can be as brief as 11 weeks or last up to 52 weeks. However, most plans offer a duration of 180 days or six months. What Illnesses And Injuries Are Covered? All illnesses and injuries are covered under short-term disability benefits unless specifically excluded by the plan. Could A Short-Term Disability Plan Be Exempt From ERISA? Indeed,…Read More

In this article, you can discover: Reasons for long-term disability being delayed or denied. Why you need a lawyer to obtain long-term disability. How insurance companies play a role in disability claims. Reasons it may be worth appealing a denial for disability benefits. Why Might A Long-Term Disability Claim Be Denied? A claim can be denied for many reasons… Perhaps the medical evidence is insufficient, or the condition does not meet the criteria for disability. Alternatively, the claimant's physician may not agree that the claimant is disabled or that their medical condition prevents them from working. In some cases, a pre-existing exclusion in the policy may apply. Or, the insurance company may determine that the claimant can perform another occupation.…Read More