Blog

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

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

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

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

Unfortunately, you may need to get another doctor, or at the very least a second opinion. Your physician plays a vital role in your disability claim. Not only must his records provide objective evidence of your illness and impairment, he must also be willing to cooperate with the insurance carriers by completing forms and participating in telephone conferences. Therefore, if you are considering leaving your job to file a claim for disability insurance benefits, you should make certain that your doctor fully understands why you believe you cannot perform your occupation. If your doctor still refuses to cooperate, consider obtaining a second opinion.Read More