On This Page[Hide][Show]
According to the United States Census Bureau, 29.4% of people in Miami over the age of 5 have some form of disability. Among cities with a population over 100,000 people, Miami has the second highest percentage of disabled people in the nation.
Miami Long-Term Disability Claims
If a disability insurance company has wrongly denied or terminated your claim for benefits, an experienced long-term disability attorney can help you get the benefits you deserve. To learn more about getting your claim approved or reinstated, you should speak with a long-term disability attorney at the Ortiz Law Firm. They can guide you through the administrative appeal process, and, if necessary, can file a lawsuit against your insurance company.
Nationwide Representation
One of the first questions many claimants ask is, “Can I hire you even if you are not in my area?” Yes, you can! We help disability claimants anywhere in the United States, and we will explain how it works:
Most disability insurance claims are governed by a federal regulation called ERISA. In an ERISA claim, claimants do not have the right to a jury trial. In most cases, they do not have the right to engage in extensive discovery. The upside is that most of the work is paper-driven. There is a lot of brief writing and mail, but court appearances are rare. As a result, we can assist people with federal court cases anywhere in the country.
Miami Courts, Government, and Insurance Department Information
- United States District Court for the Southern District of Florida
- United States Eleventh Circuit Court of Appeals
- Government of the State of Florida
- Florida Office of Insurance Regulation
Southern District of Florida Case Summaries
- Court Finds Aetna’s Denial of Benefits Was Reasonable
- Denial Upheld with Surveillance and Treating Physician Opinions
We Are Committed to Securing the Benefits You Deserve
Navigating a long-term disability appeal can be challenging. With a long-term disability attorney on your side, you can rest assured that your claim will be handled correctly and that all administrative deadlines will be met. We understand the importance of a successful appeal and are adept at identifying the key issues that require attention.
Your long-term disability attorney will carefully review your claim file to determine if any additional medical and vocational evidence should be included in the administrative record. Our team is also adept at addressing any damaging information that may need to be challenged.
You Only Have a Limited Time to Appeal Your Denial
In an ERISA disability claim, you only have 180 days to file an appeal. If you do not file your appeal within the allotted time frame, you may not be allowed to pursue your claim in court. Under many long-term disability insurance policies, you cannot file a lawsuit against the insurance company until you have “exhausted” your appeals. For this reason, we recommend that you speak with an attorney as soon as you receive your denial or cancellation letter.
Individual vs. Group Policies
If you have an individual disability insurance policy, the remedies available to you are very different from those available under a group policy. If your policy is a group policy provided by your employer, it is most likely governed by ERISA. Certain state laws that provide greater protection and relief remedies are “preempted” by ERISA regulations. For example, you cannot sue for bad faith damages in an ERISA lawsuit, so an insurer has no real incentive to pay a claim. Claimants with an individual policy may not even have to file an appeal before proceeding to litigation.
Miami Social Security Disability Claims
We also help with Social Security Disability Insurance benefit claims. We are located in Pensacola, Florida, but we do represent claimants throughout the country at various stages of the claim process:
Miami SSA Locations and Resources
- Directions to the local Social Security Administration offices
- Social Security Administration Wediste
- Information about the Miami Office of Hearing Operations
Call the Ortiz Law Firm for Help with Your Claim
Don’t let our location keep you from contacting us. 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. Call us at (888) 321-8131 to discuss your legal rights with a Miami disability lawyer.
