Research conducted by the United States Census Bureau indicates that 13.9% of Birmingham’s population over the age of 65 is living with a disability. If an individual’s disability is so severe that they are unable to work, they may qualify for disability benefits and should consult with a Birmingham disability lawyer.
Our office represents Birmingham disability claimants in long-term disability claims with insurance companies such as Cigna, Unum, and Lincoln Financial. We also handle Birmingham Social Security Disability claims. We offer a no recovery, zero-fee guarantee, so you can hire a lawyer for your Birmingham Social Security Disability or disability insurance claim without taking any risk.
Ortiz Law Firm Represents Birmingham, AL Disability Insurance Claimants
Although we are located in Pensacola, Florida, we handle long-term disability claims in Birmingham, Alabama, and throughout Alabama. Our lawyers assist disabled workers whose disability claims have been wrongly denied or terminated. We prepare comprehensive administrative appeals, and, if necessary, we will fill a lawsuit against the insurance company to recover the benefits you deserve.
In terms of communicating with a client, our law firm uses an electronic signature service for any documents that require a signature, and then we e-mail, communicate by phone, and occasionally fax, so everything can be done electronically.
We evaluate each case on a case-by-case basis. Nick Ortiz can either be admitted to your local federal court by what we would call a pro hac vice admission, or he can file a lawsuit here in the state of Florida. Again, what we do is evaluate each case on a case-by-case basis, so you should contact our office for a free consultation to discuss the specific details of your disability claim and a potential attorney-client relationship with our disability law office.
Common Reasons Birmingham, AL Long Term Disability Claims are Denied
There are many reasons a long-term disability claim could be denied. Your policy may exclude claims for pre-existing conditions, though the definition of “pre-existing” varies between policies. Your claim may also be denied if you fail to provide information within the requested time frame. If you need more time, be sure to communicate that to the insurance company before the deadline. You may even be granted an extension of time to produce the requested evidence.
Claims are also denied when the claimant does not meet “actively at work” status. Let’s look at Cheney v. Standard Insurance: a federal court case that will help you understand how disability law is applied by the court.
Cheney, a 20-year attorney at Kirkland & Ellis, had C-5 neck surgery in 2012. She last worked December 9, 2011, and claimed disability starting December 20, 2011, onward. When she went out on disability she first used two weeks of accrued vacation through to January 3, 2012. Then, she was granted six months of leave to extend through July 2012.
She submitted a claim for long-term disability benefits under the firm’s ERISA plan in 2012. Under the policy, coverage ended when the employee ceased to be a “Member.” To be a “Member” the claimant has to be “Actively at Work.” This definition required the claimant to be capable of Active Work even during vacations. Standard argued she was not eligible for disability benefits because she could not meet the “Actively at Work” definition. Eventually, the seventh circuit held that the claimant was NOT eligible for benefits under applicable disability law.
Appealing a Long Term Disability Denial
Regardless of the reason for your disability denial, you should contact an attorney that is highly experienced in the area of disability law to determine what options you have moving forward. Some policies will only permit a claimant to file one appeal, whereas other policies require multiple appeals. If your claim is not governed by ERISA disability law, you may not have to file any appeals before filing a lawsuit.
It is important to know how many opportunities you will have to submit additional information so that you can stack the record with supportive evidence. Our office offers a free consultation for those whose claims have been wrongfully denied or terminated. You can get your initial consultation free of charge, and there is no obligation for you to hire our firm.
Birmingham, AL Courts, Government, and Department of Insurance Information
United States District Court | Northern District of Alabama
United States Court of Appeals for the Eleventh Circuit
Official government website for the State of Alabama
Alabama Department of Insurance
Birmingham Social Security Disability Lawyers
Filing for Social Security Disability benefits can be a difficult process, but the Ortiz Law Firm is here to fight for the benefits you deserve. Nick Ortiz is a Board Certified Social Security Disability attorney and an expert in disability law. Although our law firm is located in Pensacola, Florida, we represent claimants in Birmingham, Alabama, and even nationwide, during the following stages of a Social Security Disability claim:
At Ortiz Law Firm, we believe in building better claims through shared knowledge, wisdom, and personal experiences. When you hire our firm to represent you in a Social Security Disability Insurance (SSDI) claim you also receive a free membership to the Disability Academy – our online training program to assist claimants from the initial application process to a hearing before an Administrative Law Judge.
How Does a Social Security Disability Lawyer Get Paid?
Birmingham, AL SSA Locations and Resources
Directions to the local Social Security Administration Offices
Information about the Office of Hearing Operations / Office of Disability Adjudication and Review in Birmingham, AL
Top 10 Mistakes Social Security Disability Claimants Make
Call Ortiz Law Firm for a Free Consultation with a Birmingham Disability Lawyer
In summary, you should not allow our geographic location to prevent you from contacting us to see what we can do to help you. Ortiz Law Firm offers a free case evaluation for long-term disability claims that have been denied or terminated and for Social Security claims between the initial application and hearing stages. Please give us a call right away at (888) 321-8131 to discuss your legal rights with a Birmingham disability lawyer. We would welcome the opportunity to discuss your legal rights with you.