Find an Experienced Disability Lawyer in Houston

July 14, 2022 by

It is important to find an experienced disability lawyer in Houston as the process of applying for and getting disability payments through Social Security can be a long and frustrating one. Veterans trying to get disability awarded run into similar frustrations and don’t get us started on the frustrations folks find dealing with insurance companies for their long term disability claims! For this reason, William Herren and the staff at Herren Law offer its services as a way to help navigate the process. Mr. Herren’s over 25 years of experience in this area of law in the Houston area makes him uniquely qualified to help clients. He and his staff help with applications, appeals and representation when it comes time for a hearing.

Our goal is to have every qualified applicant receive the benefits they deserve and need. Unfortunately, not everyone who applies on their own have a good experience. That’s when they need to find an experienced disability lawyer to help them.

How Can A Disability Lawyer Help?

If you decide to apply for disability on your own, without help, you’re often required to fill out tons of forms, and gather relevant evidence such as medical records, all while dealing with your medical condition. It can be overwhelming and confusing. You sometimes wonder if the difficulties are designed on purpose so you will give up.

For example when you hire a disability lawyer to help you with the social security disability process, you are required to fill out about 40 pages of forms. When you hire William Herren, you hire an advocate who understands the Social Security disability process and disability law. He can handle the paperwork and evidence gathering for you, and make sure you have what you need. Hiring the right lawyer at the outset can make sure your application is done correctly and that you’re well represented throughout the process.

Another good reason for getting help from a disability lawyer is that they can help you prepare for a Social Security Administration (SSA) examiner’s interview for your case. When you attend this hearing alone, you may say the wrong thing or give too much attention to the wrong things during questioning, because you simply wouldn’t know what is important or relevant or what the examiner is looking for. While you may be focused on the immediate effects of your disability, the examiner is more focused on how your disability impacts your everyday life. A physician or other healthcare provider focuses on your symptoms and treatment and most don’t necessarily understand how the SSA system works. Therefore, your doctor may not be the best person to adequately prepare you for the eventual in-person hearing.

But an experienced disability lawyer should have specific knowledge directly related to the process of filing, the in-person interview, and the appeals process. Therefore, they can prepare for the examiners’ review ahead of time. The attorney will help you with what to say, and more importantly, what not to say. This gives you a better chance of answering the questions correctly and ultimately getting your needed disability benefits.

Reasons to Hire a Disability Lawyer In Houston

The number one reason to hire an experienced disability lawyer in Houston is, of course, you reside in Houston or in Harris County so hiring a local attorney makes sense for personal convenience. William Herren and his staff are very familiar with the insurance companies, the SSA, and area doctors, hospitals etc – meaning he knows who to deal with. His experience brings resources and contacts a less experienced lawyer may not have. Having good professional, and in some cases, friendly relationships help to get things done more efficiently for his clients. While a good doctor and treatment regimen is important for any type of life-changing disability, sometimes a good disability lawyer can help in other ways, such as:

• Be informative and answer any questions along the way
• Help with the initial application process
• Gather all required evidence you need to support your claim of disability
• Present your case in the examiner’s interview
• Assist with appeals if your initial application is denied
• Act as a “coach” ahead of time so that you’ll be prepared to answer all questions correctly
• Taking the pressure off you to get everything correct
• Update the SSA with changes in your medical conditions
• Represent you in a hearing with an administrative law judge if needed

Without the help of an experienced Houston disability lawyer, you’re on your own against a process that can be full of stumbling blocks and “red tape.” For example one of the most important factors is submitting the right medical evidence. Your disability lawyer will communicate with your medical providers and review all medical records to ensure that you have what you need. They have the experience to eliminate anything irrelevant to your case.

Another issue you may run into is the doctor who is unwilling to assist you in getting categorized for your disability. They may believe that the patient isn’t disabled. Perhaps the physician doesn’t understand the process or is just simply not interested in dealing with paperwork. However, these type of doctors will often speak with an attorney representing a patient, especially, as with Mr. Herren, the attorney has more experience dealing with doctors and other healthcare professionals.

Also because a disability lawyer understands the process, they should also make sure that all deadlines are met and you are kept up to date on everything. While the attorney handles the legal side of your case, you can concentrate on taking care of yourself.

Houston Disability Lawyer William Herren

We at Herren Law know the process, know our city of Houston, and are proud of helping more than 4,000 people get the benefits they need. We are ready to help you with your initial application and ensure that your application or appeal is done correctly. We are experienced in helping people successfully navigate through the disability application and appeals process and we can help you too. Our contingency fee means you won’t have to pay until you start receiving benefits.
If you’ve been denied benefits, or don’t know where to start, please call the Herren Law Firm today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation. We look forward to being of service.

Filed Under: Long Term Disability, Social Security Disability, Veterans Disability Tagged With: , ,

Do I Need a Texas Disability Lawyer?

April 15, 2022 by

You may wonder if you need a Texas disability lawyer to apply for disability benefits. Unfortunately, applying for disability is a difficult process that is time-consuming and complex. You may seek the advice of friends or family who may already have a disability But when you apply, you may only to be frustrated by administrative delays—or even a denial. But you don’t have to have the this experience.

One option to consider is to find a well experienced Texas disability lawyer like Bill Herren who can help guide you through this complicated process and make things easier.

Do I Need a Texas Disability Lawyer?
Houston Statistics

Whether you grew up  here in the Bayou City or just in the Lone Star State, you know that everything is “bigger in Texas.” Houston is the largest city in Texas and keeps getting bigger.

Our city is home to about 2.3 million people, just in the city, making it the 4th most populated city in the US. (Harris County is the third-largest county in the country.) Houston saw an increase of over 11% in population from 2010 through the 2020 census. It’s expected that Houston will become the 3rd largest population in the US by 2030.

More than 145 languages are spoken here, with people visiting and moving in from nearly every country in the world. Both domestic and international inbound migration shows no signs of slowing down.

Why A Texas Disability Lawyer Can Help You

You aren’t required to have a lawyer file an application for disability, but it really helps. Dealing with a disability application can be frustrating if you decide to undertake it by yourself.

Something else to consider is that with more Houston and Texas residents, there are more people applying for disability here than ever before. What this also means for you is waiting longer for processing and a greater possibility of a denial of application.

The earlier you begin speaking with a disability lawyer, the better. Look for one that offers a free consultation like Herren Law does! Your case should be evaluated and then you should be told if you have a case upon which you can move to apply.  At Herren, we tell you what the procedure will be to apply.

Getting legal help increases your chances of approval in two ways:

• A  good disability lawyer will make sure that your application is done correctly and has everything you need to meet the criteria, (i.e., medical records) and

• You’re more likely to be approved by Social Security if you are represented by a disability lawyer.

If you haven’t spoken to a disability lawyer, go ahead and make an appointment now. Unless you’ve applied and are waiting for an answer from SSA, nearly anytime is a good time to make that call. Attorney William Herren has been helping Houston and Texas residents cut through red tape and get their disability benefits for more than 30 years.

Can I Afford A Texas Disability Lawyer?

If cost is what’s holding you back from considering legal counsel, don’t let it. Most charge little or no fees upfront, and the benefits of having representation will likely outweigh the costs.

That being said, fees for disability lawyers are set by federal law. A Texas disability lawyer can only charge a maximum of 25% of any back pay you receive, up to $6,000. This figure may be a little higher for an appeal, but the fees are capped at $6,000. You’re only charged fees if the attorney wins your case.

If you’re wondering, “where am I going to get $6,000?,”  we’ll explain. The lawyer’s payment comes from something called “back pay.” That’s the lump sum you’ll receive when your benefits begin. The amount will vary based on your monthly payments and the amount you would have received from the date of your application to the date that your monthly benefit payments begin.

For instance: If you apply for disability on January 1, but you aren’t approved to receive benefits until September 1, that’s nine months of benefits. Let’s say your benefits will amount to $700 a month. When you begin receiving your $700 per month benefits, you’ll also receive a lump-sum “backpay” of $6,300, or nine months of $700 monthly benefits from the day you applied.

Your attorney’s fee will be 25% of that back pay, or $1,575 for assistance with the application. You’ll still have $4,725 in backpay and then receive your $700 per month benefits every month.

If your backpay amount is higher, your fee will be higher, but generally not more than $6,000. Your lawyer should  explain this payment process in greater detail during your consultation.

Texas Disability Lawyer William Herren

Applying for a disability is not easy and, given the large population in Houston and Texas, getting it is even more difficult. At Herren Law, we’ve helped more than 4,000 people get the benefits they need. Mr. Herren and his staff are ready to help you with your initial application and ensure that your application is done correctly. If you have already been denied, discuss with us the appeal process.

Remember, call the Herren Law Firm today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation. We are very experienced in helping people successfully navigate through the disability application and appeals process, and we can help you too. Our contingency fee means you won’t have to pay until you start receiving benefits.

Filed Under: Long Term Disability Tagged With: , ,

What to Do if Insurance Denies My Long-Term Disability Claim?

January 24, 2022 by

If you have received the dreaded denial letter from your insurance company, you may believe that your claim for long-term disability is over. However, that is not the case. Many applications are denied based on the initial application for multiple reasons. But you do have the right to file an appeal.

What to Do if Insurance Denies My Long Term Disability Claim?

We have discussed the possible reasons for LTD denial in a previous blog post. If you have yet to file your initial LTD application, read the previous blog post to make sure that your application and any follow-up meet the criteria.

Appealing The Denial

If you have already received a denial letter, the first thing to do is to prepare to file an appeal.

All LTD policies allow for one, and sometimes two appeals before a person begin receiving long-term disability benefit payments. In fact, most people receive their benefits after the exhausting appeals process.

First, examine the letter that details why the company denied your application. This letter will also tell you the period you have for filing any type of appeal. You must pay attention to this deadline, or you’ll miss your opportunity for appeal, and winning your claim will be over.

Next, contact the insurance company and request a copy of your claim file in writing. If your policy is through your employer’s Human Resources department, contact them for a copy of your claim file. This will show you what they used to determine your claim denial, and how you can prepare for your appeal.

What You Need to Reverse Their Decision

One thing we do know about insurance companies is that they are in business to make money, not to provide you with benefits. Many engage in what’s known as “bad faith practices” to ensure that you don’t get your benefits and that you eventually give up trying. If you haven’t already, this is the time to consider working with an experienced disability attorney to represent you and your long-term disability claim.

It does take considerable effort to file a successful appeal. This includes gathering additional evidence and documentation, such as:

• Supplementary medical records and information to support your claim
• A letter from your treating physician that describes your condition and how it directly impacts your everyday life
• Personal statements, which are from you as well as from a coworker. This information should describe your life with a disability and detail the reasons why employment is not a possibility. Family members and/or former coworkers can also submit statements that describe your limitations and how the disability affects your ability to do your job.
• Your appeal letter that details why you are entitled to disability benefits under the terms of the policy. This letter must clearly detail the facts of your case so that anyone who reviews your appeal will clearly understand that you are unable to work full time.

One thing to focus on at this stage is the addition of relevant medical records for your file. If your claim file doesn’t have sufficient medical documentation, now is the time to add what’s missing and make sure it’s there. Add as much as you can, and a little more—because it’s your last opportunity to “stack the deck” in your favor. Should a lawsuit become necessary, you will not be able to add anything else. The lawsuit is based on everything in the claim file through the end of the final appeal.

Filing A Lawsuit

It is possible to sue an insurance company over a denied long-term disability policy. However, ERISA requires that you pursue all administrative avenues, and all other opportunities for resolution are exhausted.

Prior to filing a lawsuit, your disability attorney can request that the insurers provide another appeal. This will give your attorney the opportunity to buy additional time to reverse the decision. However, in the process of reviewing your claim for the second time, the insurer may file a complaint with the Texas Department of Insurance (or another state’s regulatory agency.) The good news is that this will be part of the lawsuit detailing how the insurer worked to deny your claim.

Hopefully, your case will resolve in appeals, and you will begin receiving LTD benefits soon after. But if that’s not a possibility, your disability attorney can then file a lawsuit in federal court. While this is a longer process, a lawsuit may be necessary to get the company to pay your claim.

Call Herren Law for Help With Your Long-Term Disability Appeal

If you’ve been denied long-term disability benefits, don’t try to manage your appeal on your own—get help today. The Herren Law Firm can help you with your initial application, any appeals, and a potential lawsuit. We can make sure you have one less thing to worry about while you take care of yourself. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees. We only collect if we win your case.

Filed Under: Long Term Disability Tagged With: , ,

Getting Benefits For Somatic Symptom Disorder In Houston, TX

July 31, 2020 by

When you have a condition that’s obvious, it’s easy to show and discuss your symptoms with your physician or other healthcare providers. But when you have physical symptoms that don’t seem to be caused by anything specific, things can get complicated.

Somatic Symptom Disorder, also called SSD, is one that is considered mental in nature but causes physical symptoms, which can include pain. The symptoms can cause considerable distress that can disrupt a patient’s daily life.

Getting Benefits For Somatic Symptom Disorder In Houston, TX

The Basics Of SSD

An individual who wakes up with a headache one morning, or develops one during the day, may believe they have a serious illness such as encephalitis. The headache may have any number of causes, from caffeine withdrawal to work-related stress, both of which are treatable and manageable. But instead of determining where the headache is coming from, the person focuses solely on the headache and seeks medical care.

When one doctor doesn’t provide a suitable diagnosis, the person visits multiple physicians seeking answers, convinced that the headache is something more serious. Medical tests don’t indicate any particular problem, leading to an obsession with more doctor visits and additional testing. Seeking the correct answer may lead to debilitating anxiety and distress that makes normal functioning difficult, including:

  • Chronic worry over a serious illness
  • Concern over serious medical conditions when testing shows there isn’t
  • Fear of damage or injury with physical activity
  • Believing that your medical exam and treatment were inadequate
  • Frequent doctor visits that don’t supply answers and increases anxieties
  • Having symptoms that aren’t consistent with the normal effects of a particular medical condition

Note that symptoms such as pain are real, even though there is no detectable cause. Some cases may involve issues with nerve impulses that send signals involving pressure, pain, and other sensations to the brain. These symptoms may be difficult to diagnose, and a physician may or may not prescribe medications for the symptoms.

If no underlying cause is detected, a physician may refer a patient to a mental health provider for additional evaluation. Cognitive-behavioral therapy (CBT) and psychiatric medications may be prescribed to address anxiety related to the physical symptoms.

Applying For Disability

When a condition prevents you from working and living normally, you may decide to apply for disability. Because a somatoform disorder isn’t readily visible and not detectable by normal medical testing, positively proving the condition can be much more difficult. However, it’s not impossible.

The Social Security Administration (SSA) does recognize somatoform disorder as a disabling condition in its blue book under Section 12.07, along with a list of requirements.

Working with one physician for treatment instead of visiting many doctors shows that you are actively seeking treatment and not “doctor shopping.” While the search for answers may lead to multiple doctors, developing a strong relationship with a single psychiatrist and/or physician and regular treatment goes a long way in proving your case for disability.

The SSA will also consider what types of jobs you can continue to do, whether your own or another type, with the help of a mental residual functional capacity (MRFC). While the SSA’s examining physicians will create an MRFC report from your records, you should also have one created by the psychiatrist who is currently treating you. The SSA will favor a psychiatrist who specializes in somatoform disorders over any type of physician who doesn’t.

Get Help With Somatic Symptom Disorder Disability From Herren Law

Applying for disability benefits from the SSA brings increasing challenges to prove your case. With the help of an experienced disability attorney, you can make sure you have the evidence you need, your application is properly executed, and stand a better chance at getting the benefits you need.

Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.

Filed Under: Long Term Disability Tagged With: , ,

Selecting A Houston Long Term Disability Attorney After Receiving A Claim Denial

June 27, 2019 by

Dealing with the rules of the long-term disability process can be confusing, at best, and downright frustrating, at worst. At a time when you likely need to rest and take care of yourself, you may find yourself facing a denial of coverage and knee-deep in paperwork, some of which you may not understand completely.

Disappointed man in wheelchair with arm on wheel after a claim denial.

But a denial isn’t the end of everything. Your letter should detail the reason your claim was denied, and how to go about filing an appeal. Pay close attention to the part about appeals—you have a very limited time in which to file that appeal. Once that deadline is passed, you’ll lose your right to appeal, and you may not be able to file again.

This is when you need help. An appeal is the time to select a long term disability attorney.

The Appeals Process

From the day you receive your denial letter, you will have a specific period of time to file an appeal. This period is usually 180 days, but it may not be—read your letter carefully. Once that deadline passes, your claim will be over.

During the appeal period, you will have the opportunity to gather additional evidence to support your claim. This can include medical records, test results, letters from a treating physician, functional capacity evaluation and vocational expert reports, and other relevant information. Your attorney can help you through the appeals process, and advise you on what information to obtain in order to go forward.

What’s In Your Insurance File?

The only way to find out is to request copies of your insurance file and find out for yourself. The insurer won’t hand it over unless you ask them to.

Once you see what’s there, you’ll be able to offer additional evidence and documentation to not only support your claim, but correct any factual mistakes that may negatively impact your claim. Your attorney can advise you on what kind of information you’ll need to add to the file in order to support your claim.

Getting An Attorney Who Knows And Understands Disability Law

When you’re dealing with a disability and with an insurance company, you’re already under a large amount of stress. Many companies are known to deny benefits to people who need them without explanation. Without help, you run a higher risk of making a mistake that could see your appeal denied as well. Don’t take that chance.

You need an attorney, but not just any one will do. Just like finding a physician who can help you with a specific medical issue, you’ll need to find an attorney who understands how the disability application and appeals process works.

Remember: the insurance company already has a team of lawyers to defend itself against paying claims, and especially against any lawsuits. Hiring your own will level the playing field and increase your chances of winning on appeal. Besides—claims appeals are probably not your forte. But an attorney who works with disability law understands all the ins and outs of applications and appeals, and does it every day. Shouldn’t you have that kind of help on your side?

Long Term Disability Appeal? Call Herren Law For Help!

If you’ve been denied long term disability benefits, don’t try to handle your appeal on your own—get help today. The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and no up-front fees.  We only collect if we win your case.

Filed Under: Long Term Disability Tagged With: , ,

Overview of Long Term Disability Policy Age Limits

May 6, 2019 by

The average length of a disability that keeps people from working is about three years, and depends on the type of disability they have and their age. As recoveries go, a person in their mid-twenties usually recovers from a disabling illness or injury faster than a person in their mid-fifties or sixties. But depending on the type of policy you have, long-term disability (LTD) may last six months, a year, or longer. Will it last long enough?

houston disability lawyer

What Type Of Policy Do You Have?

There are two types of policy coverages.

  • Your policy may cover you for “any occupation,” meaning that you’re covered as long as you can’t work any job doing anything, whether or not it’s related to your current job and/or vocation, for the same or less money.
  • Your policy covers you for “own occupation,” meaning that you’re covered as long as you can’t perform your current occupation. Whether you can perform another occupation for which you’re qualified isn’t a determining factor.

Some policies combine the two, with “own occupation” for the first two years, and “any occupation” after that. Other policies offer a cost of living increase as an optional benefit that may cost more.

How Long Do LTD Benefits Last?

Most group LTD policies last until age 65, or until your actual retirement age. The presumption is that once you’re retired, you no longer need the income from your employment.

Most people assume they will retire at 65, but SSA has changed retirement ages for different individuals. Currently, individuals born in 1955 or later can retire at age 66 and 2 months. If you were born after 1960, your retirement age is 67.

Look for LTD benefits to end, with some exceptions, at your time and age of retirement.

Benefits Beyond 65

Purchasing a long-term disability policy with a benefit period longer than five years is more expensive, but comes with an additional benefit. You can choose a “lifetime” benefit period that will pay you as long as your disabled, even after retirement age, as long as you were disabled before the age of 60. This will be especially helpful if your disability is expected to last for many years, or is considered permanent.

These kinds of policies tend to be much more expensive, and could be harder to find. If you’re unable to get one, at least purchase a policy that will pay you until your legal retirement age. With an employer’s policy, your status will automatically change to “retired” once you reach that retirement age bracket.

Most LTD policies pay 60% to 70% of your regular salary and none will pay 100%. Different policies have different exclusions and restrictions.

Some policies have “level premiums,” which stay the same for the life of the policy. This is useful

Additional information, and a checklist for buying a policy, is available at the Consumer Federation of America’s website.

Houston Disability Lawyer Can Help With Your LTD Claims

Our Houston disability lawyer William Herren is experienced in handling all types of disability applications and claims including LTD claims, and our law office has helped more than 4,000 Houstonians, too. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation with one of our disability attorneys. There’s no obligation. There are no up-front charges, because we’ll take your case on a contingency fee basis. You only owe us a fee when we win your case.

 

Filed Under: Long Term Disability Tagged With: , ,

Long Term Disability Exclusions To Watch For In Houston, TX Insurance Policies

April 25, 2019 by

Applying for long term disability to protect you when you’re not working is a long, difficult process. After the doctor visits, test results and treatment plans, you’ll wait for a decision, sometimes for a while. You may also receive a denial letter, based on your condition.

Long Term Disability Exclusions Houston Texas

“Exclusions,” as they are called, are one of the many intricacies of long term disability policies—the things the policy and/or carrier doesn’t cover. The first step is to review your policy and find the Long Term Disability exclusions so you’ll have a better understanding. Here we’ll discuss the different types of exclusions.

What A Policy Won’t Cover

The most common LTD exclusions include:

  • Car accidents when you are driving under the influence
  • Self-inflicted injuries, whether sane or insane
  • Normal pregnancy
  • Suicide attempts

Some policies may also exclude:

  • Injuries caused by aircraft (exception: passengers on regularly scheduled flights)
  • Injuries on the job (these are covered by worker’s compensation)
  • Criminal actions you commit (or attempt to)
  • Civil disobedience actions, including riots, rebellions and insurrection
  • Other intentional acts that cause disability.

Some insurance policies also have a 2-year limitation on disabilities partly caused by substance abuse.

Pre-Existing Conditions

These are conditions that are currently diagnosed and you are currently being treated for when acquiring your policy. A pre-existing condition will require you to wait a designated period of time before you can be covered for it.

If you have a pre-existing condition, there are two periods: a “lookback period,” which can be anywhere from 90 days to as long as a year, and a “waiting period” before you can be covered.

Your insurance company will look back through your medical records for that period to see if you’ve been tested, treated, or otherwise knew that you had the condition.

Once that’s established, you’ll have a period where you must be covered before that condition can be covered. With some conditions, it could be as long as one to two years.

Getting LTD With A Pre-Existing Condition

You can, of course, get long-term disability with the pre-existing condition—you just won’t be covered for it. Anything in your medical  records is findable and fair game. Even if you don’t tell them, there’s a good chance they will find out eventually, and will use that as a Long Term Disability exclusion to deny you payments.

Different companies handle them in their own way, and some simply won’t cover you. Coverage will also depend on the severity of the condition, and you will likely pay higher premiums. But insurers also distinguish between recoverable conditions and non-recoverable conditions like cancer.

Mental/Nervous Disorders

One sticking point for a number of policyholders is the limit or exclusion of mental and nervous disorders, such as anxiety, depression, stress, and dementia. While some policies don’t exclude them, many do. Other policies have limits on these disorders, typically for 24 months or less.

However, if your disorder that is the result of a different physical condition or injury, (such as a back injury) there may be no limit or exclusion.

Alcohol/Substance Abuse

While this is classified in the current Diagnostic and Statistical Manual of Mental Disorders (DSM-5), coverage may only extend for 24 months. Many policies don’t cover alcohol or substance abuse at all, so review your policy for this potential Long Term Disability exclusion.

Houston’s LTD Claims Attorney

Over 4,000 Houstonians have come to us for help with Long Term Disability exclusions, applications, claims, and appeals. With this experience The Herren Law Firm can help you with your LTD legal issues as well. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation with our Houston Long Term Disability attorney. There’s no obligation, no up-front fees, and we only collect if we win your case.

 

Filed Under: Long Term Disability Tagged With: , , ,

How To Increase Your Odds Of Being Awarded Social Security Disability Benefits On Your First Try

March 4, 2019 by

Many people are denied when they first apply for Houston Social Security disability benefits. In fact, over 65% are denied on their first application, meaning less than 40% of applicants are approved. So what’s the difference?

Houston Social Security Disability Benefits

The Application Process

Contrary to popular belief, it isn’t SSA’s policy to delay and deny claims the first time around. One of the biggest reasons for an initial denial is an incomplete application form.

You’ll start with the application, and go from there. The Social Security Administration has a printable checklist on its website, along with instructions to complete it. You can download, print, and use this checklist to complete your initial application. If you meet certain conditions, you may be able to complete your application online, without visiting your Social Security office.

Your eligibility assessment is also assessed on your previous work history.

It’s important to have all of the requested information as well as medical information. If you haven’t been under the care of a physician, you may have a more difficult time proving a medical disability. You would need a very good reason, such as not having medical insurance or not being able to afford any, but you still have a very high chance of denial.

Ways To Increase Your Odds Of Approval

  1. File Your Claim Immediately. Getting approved for benefits can be a very long process, and if you wait, your disability insurance may expire. You will have to have worked five of the last ten years to be eligible, and waiting to apply may be too late.
  2. Get Help With Your Application If You Need It. Mistakes and missing information are the main reasons applications are denied. Contact a disability attorney, a family member, or someone from a Social Security field office for help.
  3. Find A Disability Attorney If You Have To Appeal. An attorney who specializes in disability work will know what to do and how to do it, and make sure you’ve done everything correctly by the deadline. More applicants win on appeal with an attorney than without.
  4. Keep Up With Doctor Visits And Medical Treatment. If your disability requires medical treatment, keep up with every appointment, test, prescription and doctor visit. Failing to seek medical treatment for your condition will lead SSA to believe that your condition is not serious enough to warrant disability. SSA believes you should be seen by a “provider” every two months. If you’ve lost your health insurance, using local “free clinics” or other available care may satisfy the requirement. You should also keep up with prescribed medications.
  5. Request An RFC Form From Your Physician. The Residual Functional Capacity (RFC) form is used by examiners to determine your functional ability with your medical condition. These forms are needed to close out a case, and are usually completed by a DDS physician or psychologist. If your treating physician completes it, the claims examiner may use it to create an internal RFC for your case.
  6. Use A Businesslike Demeanor With Everyone You Deal With. In other words, be nice, or it could make your journey a lot more difficult. Caseworkers deal with hundreds of individuals every day in the same situation, and losing your temper or being rude can lead to even more delays in your case. No matter what the situation, be polite and cordial no matter what the situation to maintain good relations and communications.
  7. Contact Your Local SSA Office or Office of Disability Determination Services to check on your case’s status. Don’t make the mistake of calling SSA’s toll-free number, where they don’t have the most current information. Contact the office where you made your application, or the Office of Disability Adjudication and Review if a hearing has been requested.

Why Are More Applicants Approved On Appeal?

It’s a little odd, but true. Administrative hearings may take a year or more to be scheduled. A individual’s disability progresses in that time, increasing his or her inability to work. When appearing in front of an administrative judge, he or she will see you face-to-face and determine disability on sight, rather than on paper. If it’s obvious from seeing you that you’re unable to work, as it is in a hearing, your chances of approval increase as well.

Of the applicants that file an appeal, 60% who hire a disability attorney are approved, compared to the 34% who don’t have legal counsel. A disability attorney who is experienced with Social Security disability claims is familiar with the application and appeals process, and can guide you through it.

Houston Social Security Disability Benefits Attorney

Getting disability is a long process, but we can make it easier. We’ve helped over 4,000 Houstonians win their claims and get the benefits they need. We have the experience to help you with your Social Security application and/or appeals process.  The Herren Law Firm can help you with your application and any necessary appeals. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation, and no up-front fees.  We only collect if we win your case.

Filed Under: Social Security Disability Tagged With: , , ,

Hiring a Houston Attorney for Aetna Disability Claims

February 28, 2019 by

Hiring an attorney is more than getting legal counsel—it’s about finding an advocate for yourself in a difficult situation. Whether it’s an accident, a divorce, or a disability claim, an attorney works with you to get through the process, protect your interests and your rights.

Aetna Disability Claims attorney Houston

You may have purchased an Aetna policy through your employer; many policyholders do. But most people don’t have the resources to fight a large, multinational company with a team of attorneys on its side without some help of their own. The company may deny your Aetna disability claims outright, hoping you’ll give up and go away. If you’re having trouble with a short-term or long-term disability claim through Aetna, an attorney will make sure that your application and claim are done correctly.

Bad Faith Practices

Despite the advertisements, insurance companies are in business to make money. Paying claims is not conducive to being profitable, so claims adjusters are eager to deny claims. This is known as “bad faith insurance practices.” They can include:

  • Denying valid claims and refusing to explain why
  • Underpaying or delaying a claim
  • Misrepresenting facts or provisions of a policy
  • Refusing settlement for a valid claim

The “Paper Review”

If you’ve received a determination that you are able to go back to work, and your benefits have been terminated, it may be due to a “medical review” by one of Aetna’s doctors. The review is simply an “examination” based on paperwork, and no physical examination by a company doctor. The company uses a “paper review” of a client’s files, and makes a decision about their Aetna disability claim from there.

Because Aetna’s physicians conduct this “paper review,” there is a conflict of interest. This is especially obvious in Mendez v. FedEx Express and Aetna, a case where Aetna blatantly denied a client benefits even after he received SSDI benefits and Aetna began offsetting his Long Term Disability benefits as the policy dictates. At no time did any of the physicians actually meet with the plaintiff in person, and disregarded complaints of severe pain and disablement noted by his own treating physicians. Two physicians decided based on his file that he could work 25 hours a week or more, without consulting with the plaintiff’s own treating physicians. The court found in favor of Mr. Mendez.

This is just one of many cases where Aetna (and companies like them) work to deny your benefits.

How An Aetna Disability Claims Attorney Can Help

If you’ve been scrambling through Aetna’s hoops trying to make sure you meet their deadlines and answer all their questions, only to be denied, you’re already at a disadvantage. You have 180 days to appeal the denial, so the time to contact an attorney is now. If you miss the 180-day deadline, you’ll lose your rights under the claim and may have to re-file. Contact an attorney who works with Aetna disability claims immediately.

How much might this cost? An Aetna disability claims attorney generally receives about 25% of any back pay you receive, up to $6,000. You won’t owe any money until we win your case.

If you didn’t have legal help with your original disability application, don’t leave things to chance. The process can take many months, and in some cases, years. Get started now.

Herren Law Fights Aetna For Your Benefits

Let us help you with your Aetna disability claims appeal and help you get the benefits you deserve. Request a copy of your claim file from Aetna, and bring it with your denial letter to Herren Law to begin your appeal right away.

We’ve worked with Aetna customers before, and are ready to help you with your claim. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Filed Under: Long Term Disability Tagged With: , , ,

If I’m Partially Disabled In Houston, TX, Do I Have To Accept Any Job I’m Able To Do To Collect Benefits?

November 1, 2018 by

You may have a sense of relief when you finally get your long-term disability benefits. But now that the initial trial is over, there is still the matter of complying with the policy’s rules. One of those rules may be working to keep your benefits.

Disability insurance is intended to protect you from financial risk if you become disabled or sick to the point where you are unable to work. The policy itself contains the definition of “disability”, and whether you qualify depends on what your policy terms as “disabled.” You will have to be “disabled enough” according to the policy’s definition in order to receive benefits. But everything comes down to the type of LTD policy you have.

If I'm Partially Disabled In Houston, TX, Do I Have To Accept Any Job I’m Able To Do To Collect Benefits?

Own Occupation Vs. Any Occupation

There are two basic types of LTD policies:

  • Own Occupation, in which you receive benefits when you are no longer able to work in your current vocation (more expensive)
  • Any Occupation, where you are able to work in a different occupation, but can no longer work in your current vocation (less expensive)

For instance, if you are a firefighter, and are injured on the job, you can no longer work in that occupation. Under an “own occupation” policy, you would receive benefits because you were totally disabled and could no longer perform “material and substantial duties” for that job. It would not matter that you could have a second career that was related to your work as a firefighter.

However, under the “any occupation” policy, the same firefighter who was injured on the job may be able to perform “material and substantial duties” for another occupation, i.e., a “desk job,” and will not be considered “disabled.” Only if the firefighter was unable to work in any occupation would the individual be considered “disabled” enough for the policy. “Any occupation” work may also mean workplace accommodations, which can also be used to deny benefits.

Most courts hold to the standard that if an individual is capable of any kind of work, even part-time, the individual is not truly disabled, and can be gainfully employed in any occupation, not just their own. This means that you would not meet the standard of disability.

Unfortunately, there are no standards for income disparity. This means that if you were working in a profession that paid $100,000 per year before your disability, you might still be able to work at a job that paid $15,000 or less, and therefore not be considered disabled. Under an “any occupation” policy, you would be required to work any job you could get, regardless of the salary.

Many LTD group policies provide benefits under the “own occupation” clause for the first two years of disability. After that, the benefits are under an “any occupation” clause.

Contact Houston’s Premier Disability Law Firm

Not many attorneys understand disability filings and appeals, but we specialize in it. With over 4,000 successful cases, we focus on helping disabled people receive the benefits they need. We’ve handled multiple situations that are similar to yours, and have the experience to help you through the process for a successful outcome.  The Herren Law Firm can help you with your application, appeals and legal action to help you get the disability benefits you need. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

Filed Under: Long Term Disability Tagged With: , ,
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