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
Anyone fighting for disability insurance benefits should talk to an experienced disability attorney and ERISA lawyer. The process and method to appeal a wrongful denial of disability benefits or to file a lawsuit against the insurance carrier vary depending on the disability policy that you have. This is one of the most complicated areas of federal law, and so we highly recommend that you request a free case evaluation before you proceed.
If you have an individual disability policy, then you may be able to take the insurance carrier to court without ever having to appeal the wrongful denial. You are entitled to a jury trial and will have the opportunity to call witnesses. If you have a group policy, commonly obtained through an employer, you do not have these same rights. Instead, you must first go through an administrative appeal process with the insurance carrier. Some policies only require one appeal, while others may require two.
Under the Employee Retirement Income Security Act (ERISA), which governs most group policies, your case is limited to the evidence that you submitted with your application and appeal(s). In a federal ERISA lawsuit, you can only introduce the documents and statements that you already provided to your insurance company. You are not entitled to a jury trial. Rather, the judge looks at the administrative record and renders a decision based on everything you and your insurer did during the application and appeal process.
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 | United States District Court
United States Court of Appeals for the First Circuit
Official government website for the State of Massachusetts
Massachusetts Division of Insurance
District of Massachusetts Case Summaries
Aetna Commits Abuse Of Discretion In Denying Plaintiff’s LTD Benefits
SSA’s Eligibility Determination Does Not Bind Aetna
Vocational Expert Not Permitted To Consider All Records
Boston Social Security Disability Claims
Ortiz Law Firm also represents Social Security Disability claimants in Boston, Massachusetts. The Social Security Administration will soon be conducting hearings using the Microsoft Teams platform which will make it easier than ever for Social Security Disability attorneys to represent claimants across the country.
Nick Ortiz is a Board Certified Social Security Disability lawyer ready to fight for the benefits you deserve. Although our office is based in Pensacola, Florida, we do represent Social Security Disability claimants in Boston, Massachusetts. We represent Social Security Disability claimants at the following stages:
Massachusetts SSA Locations and Resources
Directions to the local Social Security Administration Office
Information about the Boston Office of Hearing Operations / Office of Disability Adjudication and Review
Top 10 Mistakes Social Security Disability Claimants Make
Schedule a Free Case Evaluation with a Boston Disability Lawyer
If you are unable to work due to a disabling illness or injury and are struggling to obtain the disability benefits that you deserve, then contact our office today to request your free case evaluation. We represent long-term disability, ERISA, 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.