After working on thousands of disability cases, Marc Whitehead says some of the most important lessons come down to what happens long before a judge sees a claim.

After more than three decades working with disability claims, attorney Marc Whitehead has learned that one of a case’s most important battles may be over before it reaches a judge. Across more than 8,000 cases, one lesson has remained consistent: what makes it into the record can matter as much as what happens later.

For Whitehead, that focus began before law school. He grew up in the household of his disabled uncle, a decorated veteran of World War II and Korea. Witnessing his uncle’s experiences shaped the way Whitehead would eventually approach people facing disability denials. Patience, thoroughness, and empathy, he says, became particularly important in a field where a missing piece of documentation can affect what happens to a claim.

When the Record Becomes the Case

Whitehead founded his firm in 1992, the same year he graduated from law school. Rather than building a broad practice, he continued concentrating on disability law. Over time, that meant learning three systems that can look related from the outside but operate under different rules: long-term disability insurance, Social Security disability, and veterans disability claims.

That difference becomes especially important with ERISA appeals. Whitehead says the administrative file generally closes once an appeal is denied, leaving a federal judge to consider what was already included.

“I’ve seen cases won or lost entirely on what was, or wasn’t, included before that window closed,” he says.

There may be no dramatic courtroom moment to correct what was missed. Building the record requires gathering the right medical documentation and making the case while there is still an opportunity to add evidence.

Three Systems Require Three Ways of Thinking

The same approach does not necessarily transfer from one type of disability claim to another. Whitehead points to VA disability ratings as one example. A 50 percent rating combined with a 30 percent rating does not simply become 80 percent under the VA’s system. Attorneys accustomed to another area of disability law can run into trouble if they assume the rules work the same way.

Social Security brings its own framework. Whitehead has taught continuing legal education courses on Social Security’s five-step evaluation process. Teaching the process to other lawyers, he says, forces a deeper understanding than simply reading the regulations.

Certification is another way Whitehead points to the importance of specialization. He is board certified in Social Security disability law by the National Board of Trial Advocacy and says the credential offers a concrete measure of an attorney’s focus in the field.

Teaching the Work

Whitehead’s work eventually moved beyond handling claims. He has taught as an adjunct professor at the University of Houston Law Center and through organizations including the National Institute for Trial Advocacy. He has also written guides for claimants.

The teaching serves another purpose. Having to explain a complicated system exposes the locations where an explanation is not clear enough yet.

“Explaining this area of law to others has made me better at practicing it,” Whitehead says.


That philosophy also influences how he thinks attorneys should communicate with people seeking disability benefits. Rather than promising a quick result, Whitehead favors explaining the process honestly, including how long reconsideration or a hearing may take.

“Claimants remember who told them the truth,” he says.

Whitehead’s experience points back to the lesson at the beginning: disability advocacy often depends on work completed well before a claim reaches its final reviewer. By then, the documents collected, evidence included, and decisions made earlier may already have shaped what happens next.

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