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. Our office represents Birmingham disability claimants in long term disability claims with an insurance company such as Cigna, Unum, and Lincoln Financial. We also handle Social Security Disability claims for individuals in Birmingham and the surrounding area. We offer a no recovery, zero-fee guarantee, so you can hire a Birmingham disability lawyer without taking any risk.
Ortiz Law Firm Represents Birmingham Alabama Long Term Disability Claimants
Although we are located in Pensacola, Florida, we handle long term disability claims nationwide. We assist long term disability claimants whose claims have been wrongly denied or terminated. We prepare comprehensive appeals, and, if necessary, we will fill a lawsuit against the insurance company.
In terms of communicating with you, we use an electronic signature service for a lot of the correspondence, and then we e-mail and fax and communicate by phone, so everything can be done by mail, fax, and e-mail.
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 we evaluate each case on a case-by-case basis.
Common Reasons Birmingham 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, so if you need more time, be sure to communicate that to the insurance company.
Claims are also denied when the claimant does not meet “actively at work” status. Let’s look at Cheney v. Standard Insurance. 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 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.
Appealing a Long Term Disability Denial
Regardless of the reason for the denial, you should contact an experienced long term disability lawyer 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. 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.
Birmingham Courts, Government, and Department of Insurance Information
United States District Court | Northern District of Alabama
United State Court of Appeals for the Eleventh Circuit
Official government website for the State of Alabama
Alabama Department of Insurance
Birmingham Social Security Disability Claims
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. Although we are located in Pensacola, Florida, we represent claimants 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 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
Birmingham SSA Locations and Resources
Directions to the local Social Security Administration Offices
Call Ortiz Law Firm for a Free Case Evaluation with a Birmingham Disability Attorney
In summary, you should not allow our geographic location to limit your 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 (866) 853-4512 to discuss your legal rights with a Birmingham disability lawyer. We would welcome the opportunity to discuss your legal rights with you.