Archives for June 2018

Can You Get Long Term Disability for Fibromyalgia in Houston, TX?

June 27, 2018 by

After months of wondering, you’ve finally received a diagnosis for your chronic pain: fibromyalgia. Maybe you have increasing symptoms, or you’re taking off a little more work than you’d like because you’re in pain and tired all the time. Or you need to take some time off to take care of yourself.  Is it time to retire and take long-term disability? Or have you reached the point where you can’t get through the day at work anymore?

Can You Get Long Term Disability for Fibromyalgia in Houston, TX?

Fibromyalgia afflicts as many as an estimated 10 million Americans but doesn’t have a specific diagnostic (like a blood test.) Characterized by widespread chronic pain, fatigue, and sensitive sore spots, the causes and workings elude doctors and refuse to be nailed down.

People who have fibromyalgia live with varying degrees of pain, fatigue, difficulty concentrating (called “fibro-fog” by patients), depression, and other symptoms that leave them eventually unable to work. It’s known as an “invisible illness” because of the difficulty of diagnosis. Fibro is also thought of as a “women’s disease,” since women are more likely to be diagnosed with it than men.

So what makes fibromyalgia so difficult? And why do insurers turn down claims for fibromyalgia so often?

Mental or Physical?

As anyone with fibromyalgia will tell you, they frequently hurt all over, and they’re tired, but they’re not crazy.

Even with repeated trips to their physicians, there’s no way to definitively diagnose fibro, unlike diabetes or cancer. Insurers tend to think of it as a mental illness that manifests itself physically rather than a specific illness with obvious physical causes. Many label fibro as a “subjective” illness, and therefore mental. Most policies cap mental illness benefits at 24 months, leaving you without benefits after that point.

Proving Your Claim

If fibromyalgia can’t be diagnosed with actual physical proof and standard medical testing, how do you prove it?

  • Relevant medical records—fibromyalgia is an illness with symptoms that are self-reported; there is no medical testing available. Your doctor will have to make a clear diagnosis in the records, not vague like “reporting symptoms of fibromyalgia.”
  • In addition to your regular physician, a rheumatologist can also give a positive diagnosis for fibro, which includes testing “tender points.” If you have 11 of the 18 points, you’ll usually receive a positive diagnosis.
  • Repeated occurrences of at least six fibromyalgia symptoms (fatigue, memory problems, depression, anxiety, muscle weakness, dizziness, abdominal pain, etc.)
  • Lab tests—while there are no specific diagnostic tests for fibro, any tests taken to rule out other conditions (i.e., hypothyroidism) should be documented with results.
  • Doctor’s opinions—any additional opinions you get should also be in writing.
  • First-hand statements from family and associates—these are strong evidence that you are having difficulties in everyday life because of fibro.
  • Keep a diary of all your symptoms, physical and mental, and use it both in doctor visits and in your claim file.

Increasing Your Chances Of Approval

While there are no guarantees, there are some things you can do to improve your chances of getting long-term disability payments for fibromyalgia.

  • A confirmed diagnosis from your rheumatologist
  • Relevant related medical records (lab tests, prescriptions, hospital visits, etc.)
  • Dates of visits and contact information for doctors, therapists, hospitals, etc.
  • Doctor’s report on the extent of your work-related limitations
  • Any treatments you are currently receiving

A lawyer should supply you with an assessment form for your doctor to complete that asks for greater detail of your limitations than an insurance company might provide.

Hiring a Houston lawyer experienced in long-term disability claims and who understands the law around long-term disability claims can help ensure that you’re following the process properly. He or she can also work with you to submit any appeals that you’re allowed to.

Don’t Let Fibromyalgia Stop You

If your insurance company has denied you benefits based on fibromyalgia, we’re ready to help you. The Herren Law Firm in Houston, TX can assist with your application, appeals and help you get the long-term disability benefits you need so you can get the help and medical care you need. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation and no up-front fees.  We’ve helped over 4,000 Houstonians get their disability benefits, and we only collect a fee if we win your case.

Filed Under: Long Term Disability Tagged With: , ,

Houston Long Term Disability Attorney

June 20, 2018 by

Houston is one of the most vibrant, exciting cities in the US, and keeps getting better every passing year. We have great food of all kinds, culture, festivals, industry, shopping and a world-class Medical Center. The Houston area has everything you could ever want in a city.

Fortunately, if you have a long-term disability, Houston is also a good place to be.

Houston Long Term Disability Attorney

Getting Long Term Disability

If you’ve developed a long term disability that prevents you from working, your life has changed considerably. You may have to make a number of adjustments to continue living a normal life. Home modifications like a wheelchair ramp, “grab bars,” or lift to get back up and down stairs may be in your future. (If you don’t have the means, there are a number of grant programs available to help.)

While it’s a lot of trouble to have to “prove” that you’re disabled and can’t work, once you’re done, you’ll have time to take care of other things you may need.

If you need help with the application or appeals process, a long term disability attorney may be your next call. Forms, deadlines and evidence that are part of the process can be easy to overlook. An experienced LTD attorney can give you the help and oversight you need to ensure that your claim is properly submitted for approval.

Long Term Disability In Texas

Census figures from 2014 indicate that about 3.4 million Texans classified as “disabled.” A disabled person is has a wide range of services available, including:

  • Rehabilitation
  • Medical equipment
  • Job and career assistance
  • Medical care
  • Personal assistance attendants

The services available in Houston can help people with a long term disability live independently and stay in their own home, help find suitable jobs, get medical assistance devices and other needed equipment, help family members care for them, and assist with applying for disability if needed.

Texas Health And Human Services Commission

The state of Texas has services available for those with long term disabilities. You can get help applying for Medicaid or Medicare, Social Security or Supplemental Security Insurance, and apply for SNAP benefits if you need them.

Houston is in Region 6 of the HHS service area. You can find out more of what HHS offers at this website, and more about independent living services. You can also call 211 to request help.

The Houston Mayor’s Office For People With Disabilities

Established in 1993, three years after the Americans with Disabilities Act (ADA), this division of the Mayor’s Office is an advocate for Houstonians with disabilities. Register with this office and you can receive free legal assistance through the South Texas College of Law Legal Clinic (STCL). If you’re deaf or hard of hearing, you can also register for a free visual fire alarm through the City Of Houston Fire Department. Free tax help is also available, as well as parking permits. Call the MOPD office at 832-394-0814, or email at mopdmail@houstontx.gov.

Your Houston LTD Disability Attorney

The Herren Law Firm can help you with your application, appeals and help you get the long-term disability benefits you need so you can live your life. 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: , ,

Are Long Term Disability Benefits in Houston Worth a Legal Fight?

June 14, 2018 by

Chances are that if you’re filing for long-term disability benefits, you know you’re in for a long haul, and possibly a fight (especially if you live in Houston.) Insurance companies would rather not pay you benefits as they’re supposed to, and seem to enjoy making you jump through hoops, dragging out your claim longer than it should take. When they move the hoops again, it may be time to call for help.

Are Long Term Disability Benefits in Houston Worth a Legal Fight?

Bad Faith LTD Claims

Long-term disability is intended to replace some of your income when you are unable to work while you recuperate from an illness or injury.

When an insurance company denies your benefits, drags out the process or uses other unethical tactics to deny your claim or pay you less than they’re supposed to, it’s called “bad faith.” Rightfully so, because you acquired your policy for the day you need it, and now they’re stalling. Don’t give up when they first deny your claim. That’s the time you’ll need to find an attorney—immediately—who is experienced with ERISA law and bad faith insurance company claims. If you wait, you could miss a deadline, and you could lose your right to appeal. (More information on bad faith LTD is available here on our website.)

Companies use a variety of tactics, including:

  • Requiring excessive, duplicate paperwork
  • Denying your claim for invalid reasons
  • Delaying your claim for an excessive amount of time (possibly causing you to miss a deadline you weren’t informed about)
  • Under-paying benefits

Additionally, the Unfair Claim Settlement Practices Act in Texas (Insurance Code Sec. 542.002), states that “an insurer engaging in business in this state may not engage in an unfair claim settlement practice.”  Should you discover that your insurance company is engaging in an unfair practice, it’s time to file a complaint.

ERISA

Short for the Employee Retirement Income Security Act of 1974, ERISA is the federal law that governs employee benefit plans. It’s a set of federal guidelines and minimum standards that explain to private employers how to administer employee benefit plans. (Governmental and church-related employers are exempt.)

Insurance companies are in business to make money, not lose it. So any way they can save money by not paying out to policyholders, they will. While ERISA was intended to help employees, it actually ends up having the opposite effect.

Standard Exclusions

There are some claims for which a denial is standard, and is spelled out in every short-term and long-term policy:

  • Injuries obtained during the commission of a crime of which you were convicted
  • Mental or nervous disorder (some allow these for up to 24 months)
  • A normal pregnancy
  • Pre-existing conditions
  • Alcohol/substance abuse
  • War/act of war
  • Injuries caused by an aircraft (except scheduled airline passengers)
  • Job-related injuries
  • Suicide attempts
  • Other acts done with the intent to cause disability

There may be others, depending on your policy. Some may be hidden in the fine print; some may even be outright illegal. The wording is deliberately complicated to make filing even more difficult.

Insurance companies have been known to request claimants to fill out forms that ask for purposefully damning information that will help a denial. An attorney who knows and understands disability claims can offer oversight to make sure you don’t accidentally sink your claim.

Be aware that whenever you speak with your insurance company, you’re probably being recorded. If you mention that you are considering hiring an attorney, be prepared for scare tactics or be offered a quick settlement. Don’t accept or sign anything until your attorney has a chance to review it first.

Can You Fight Back?

Yes, you can, even with a denial. But preparation for the fight is the key to winning.

  • Start collecting all of your medical records, doctor’s reports and other related documentation. Include evidence of any additional injuries or illnesses that prevent you from working.
  • If you’ve already filed a claim and have a denial letter, include that in your file.
  • Keep a record of every call and correspondence with your insurance company, including names, phone numbers, emails, dates and times.

If you haven’t filed your LTD claim yet, it may be a good idea to hire an attorney before you file your claim. He or she can guide you through the process and make sure you’ve done all you can for a positive outcome.

Talk To Us First

If you’ve realized your insurance company has participated in bad faith practices, call us immediately. The Herren Law Firm in Houston, TX can assist with your application, appeals and documentation to prove your case and win your claim. 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’ve helped over 4,000 Houstonians get their disability benefits, and we only collect a fee if we win your case.

Filed Under: Long Term Disability Tagged With: , ,

Veterans Disability Attorney Houston

June 6, 2018 by

From the Sabine River to El Paso, Texas is home to more than 30 active, reserve and National Guard affiliated military installations for all branches of the service. Ellington Field, near NASA and where the President flies into when visiting Houston, as well as the Coast Guard’s installations in Galveston are outnumbered by the recruiting stations from every branch.

Veterans Disability Attorney Houston

Some veterans are native Texans and returned after their tours were over. Others were stationed here and stayed after their discharge. Whichever group you’re in, Texas respects and appreciates veterans as well as active duty military of all stripes and branches.

Famous Texas Veterans

Houston, as well as the state of Texas, considers a number of famous veterans to be Lone Star heroes:

  • Audie Murphy—born in Kingston, Murphy lied about his age to enlist in the army. During WWII, and before the age of 21, he earned 33 medals for bravery. Discovered by James Cagney on the cover of Life Magazine, he transitioned into film and made primarily Westerns. His first film, To Hell And Back, was based on his memoirs from his time during the war.
  • Gene Roddenberry—the creator of Star Trek, was born in El Paso in 1921 but grew up in Los Angeles. Son of a police officer, Roddenberry fostered his interest in airplanes and joined the Army Air Corps in 1941. Writing was a hobby to take his mind off his combat missions and had multiple published submissions, including poetry. After the war, he flew for Pan Am, and later became a police officer. During this period, he developed the idea for Star Trek, and it debuted in 1966. The original series ran for three seasons, but multiple continuations and intense fan interest have kept the franchise operating for more than 50 years.
  • Staff Sergeant Marcario Garcia: Medal of Honor, WWII—interred at the Houston National Cemetery, SSgt. Garcia was the first Mexican immigrant from the Houston area (Sugarland) to win the nation’s highest award for valor. His family emigrated in 1924, and he enlisted in the Army in 1942, assigned to 4th Infantry Division. As an infantry squad leader in Company B, 22nd Infantry Regiment, Garcia was involved in a battle in Grosshau, Germany, where he took out two enemy machine gun emplacements. While badly injured, Garcia crawled to the emplacements, took out both guns by himself, killed six Germans with his own rifle and captured four more. President Truman presented Garcia with the Medal of Honor on August 23, 1945. After WWII, he worked as a counselor for the VA for 25 years. He was buried in the Houston National Cemetery with full military honors.

Multiple veterans’ memorials are available in the Houston area. The Harris County War Memorial lists the names of military members who died in service from WWI to Operation Iraqi Freedom/Operation Enduring Freedom.  The Heights is home to a World War II memorial in the Heights Boulevard Park.

Houston Veterans Organizations

Houston veterans also have options when they need help from a number of dedicated veterans organizations:

  1. Veterans of Foreign Wars (VFW)—with more than 30 posts throughout the Houston area, the VFW offers members free assistance with VA applications and issues, transition assistance, advocacy on behalf of veterans and specific veteran-only discounts (similar to the AARP’s discounts.)
  2. The American Legion—one of the oldest veterans’ assistance organizations, it was chartered in 1919 by Congress and is now a nonprofit with over 2 million members. The Legion offers a number of services to veterans, including benefits assistance, discounts for members, career guidance, resources specific to women veterans and more. Houston has two Legion Service Officers (two more are in Waco.)
  3. The Disabled American Veterans—offering assistance specific to disabled veterans, the DAV is a private organization that receives no government funding. For over 90 years, the DAV has offered free assistance to their members for transition, benefits, job training and assistance, advocacy on Capitol Hill, rides for members who need it and rehab programs for vets with debilitating injuries such as amputations and blindness. Members join for life, and volunteer opportunities are available. Discounts are also available for members through corporate sponsors. The DAV in Texas can be reached in the Waco VA office as well as the Houston regional VA office.
  4. The Wounded Warrior Project—a newer veterans organization, the Wounded Warrior Project focuses on veterans who served after September 11th, 2001. They can help with physical and mental wellness, personal independence, counseling and VA benefit assistance, as well as getting connected to a network of people who are ready to help. Wounded Warrior’s Resource Center can be reached at 888-997-2586, or by email, resourcecenter@woundedwarriorproject.org

We Help Houston Veterans

Getting the benefits you earned doesn’t have to be an obstacle course, and the VA’s application and appeals system can be particularly complicated. William Herren is a veterans disability attorney who has helped more than 4,000 Houstonians get their benefits, and we’re ready to help you. 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: Veterans Disability Tagged With: , ,
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