Research conducted by the United States Census Bureau finds that 13.9% of Birmingham’s population over the age of 65 lives with a disability. If you are unable to work due to your condition, you may qualify for disability benefits and should consult with a Birmingham disability lawyer.
Our office helps with long term disability claims and 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 any risk or upfront fees.
We Represent Birmingham, AL Disability Insurance Claimants
Although we are located in Pensacola, Florida, we handle long term disability claims in Birmingham, Alabama, and throughout Alabama. We help with claims that have been wrongly denied or terminated. We will assist you through the administrative appeal process and will fill a lawsuit against the insurance company if necessary. We evaluate each case individually. Contact our office for a free consultation to discuss the specific details of your disability claim with our office.
Common Reasons 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 Denied Claim
You should consult with an attorney that is highly experienced in the area of disability law to determine your best course of action. 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 that you know how many appeals you will be permitted to submit so that you can stack the record with additional 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
Legal Assistance for Social Security Disability Claims in Birmingham
Navigating the application process for Social Security Disability benefits can be complex. However, Ortiz Law Firm stands ready to fight for the benefits you are rightfully due. We provide representation for claimants in Birmingham, Alabama, and across the country at various stages of the Social Security Disability claims process. These stages include:
At Ortiz Law Firm, we are committed to developing stronger cases through shared knowledge, insight, and individual experiences. When you engage our services for your Social Security Disability Insurance (SSDI) claim, you also get complimentary access to the Disability Academy. This online educational resource is designed to guide claimants from the filing of their application through to an Administrative Law Judge hearing.
Birmingham, AL SSA Locations and Resources
Reach Out to Ortiz Law Firm for a Free Case Evaluation
Ortiz Law Firm offers free case evaluations for denied or terminated long term disability claims and for Social Security claims between the initial application and hearing stages. We encourage you to call us today at (888) 321-8131 to explore your legal rights with a Birmingham disability lawyer.