A disabling illness or injury can happen at any time. Some conditions may only prevent you from performing a particular task, whereas others may prevent you from performing many of your regular, daily activities. According to the CDC, 22.9% of adults in Massachusetts have some type of disability. Boston is the most populated city in the state of Massachusetts and home to many disabled individuals. Bostonians that are unable to work as a result of a disabling condition should contact a Boston disability lawyer at Ortiz Law Firm to see what we can do to help obtain the disability benefits they deserve. Medical conditions that may be disabling include:
- Heart attacks;
- Congestive heart failure;
- Problems with the spine;
- Lyme disease and other tick-borne illnesses; and
- Cognitive disabilities, such as a traumatic brain injury.
The experienced legal team at Ortiz Law Firm has recovered millions in denied benefits. We represent ERISA long term disability, individual disability insurance, and Social Security Disability claimants in the greater Boston area and throughout the state of Massachusetts. We assist long-term disability and individual disability insurance claimants whose claims have been wrongfully denied or terminated, as well as Social Security Disability claimants whose claims are at the initial application, reconsideration, or hearing level.
Ortiz Law Firm Handles Boston Long Term Disability Claims
We primarily focus our efforts on long-term disability claims. We can often help clients gather evidence of their disabilities and obtain the disability benefits to which they are entitled under the provisions and limitations of their disability insurance policies and the law. We start by obtaining your complete file from the insurance company so that we can evaluate what evidence is needed to support your claim. The specific requirements for each claim will be laid out in the individual or employer-sponsored long-term disability policy. We will then obtain all of the medical records relevant to your claim and work to produce additional evidence in the form of Medical Source Statements and a sworn statement from the claimant.
Even the most well-supported claim for benefits is likely to be denied at some point, whether it be during the initial application process or when the insurance company conducts a review of the claim. At the end of the day, the insurance carrier is a business, and the primary objective of any business is to make a profit. In the insurance industry, this means denying claims. Your disability insurance company will do whatever it can to delay, cut off, and wrongfully deny the disability benefits that you are entitled to.
Long Term Disability, ERISA, and Disability Insurance Denials in Boston
Navigating the appeal process or filing suit against your insurance provider is complicated. If you have an individual disability insurance, you may be in a position to file suit against your insurance provider without needing to appeal. You’re given the right to a jury trial and can summon witnesses. On the other hand, if you have a group policy, typically provided through an employer, you won’t be afforded the same rights as those with an individual policy. If your claim is rejected, you’re required to engage in an administrative appeal process with your insurance provider prior to pursuing legal action in court.
The Employee Retirement Income Security Act (ERISA), which regulates the majority of group policies, limits your case to the evidence you presented during your application and any appeals. In an ERISA-based federal lawsuit, only the documents and statements previously submitted to your insurance company can be presented. The right to a jury trial does not apply in this case. Instead, the judge reviews the administrative record and delivers a verdict based on all actions taken by you and your insurer throughout the application and appeal process. ERISA law is one of the more complex domains of federal law, so it’s strongly recommended that you consult with an expert.
Do not let this discourage you. There is still hope, despite these limitations. An experienced long-term disability attorney will stack the record with supporting evidence to give you the best chance at approval, even if it is necessary to file an ERISA lawsuit. Nick Ortiz and the legal team at Ortiz Law Firm are ready to take on any of the major disability insurance companies operating in Boston and the surrounding areas.
Boston Courts, Government, and Department of Insurance Information
District of Massachusetts Case Summaries
Boston Social Security Disability Claims
Ortiz Law Firm also handles Social Security Disability claims in Boston. The Social Security Administration is now conducting hearings using the Microsoft Teams platform, which means the claimant and representative will not need to appear together in person.
Nick Ortiz and his experienced legal team are ready to fight for your rightful benefits. Our office is based in Pensacola, Florida, but we handle Social Security Disability claims in Boston. We represent Social Security Disability claimants at the following stages:
Massachusetts SSA Locations and Resources
Schedule a Free Case Evaluation with a Boston Disability Lawyer
If you are cannot work due to your disabling illness or injury and are struggling to get the disability benefits that you deserve, contact us today to request your free case evaluation. Ortiz Law Firm represents long-term disability, ERISA, individual disability insurance, and Social Security Disability claimants in Boston and the greater Boston area. If your claim has been denied you only have a limited time to file an appeal, so call us at (888) 312-8131 to find out what we can do to help.