Ortiz Law Firm Represents Miami Long Term Disability Claimants
According to the United States Census Bureau, 29.4% of individuals in Miami over the age of 5 suffer from some type of disability. In cities with over 100,000 people, Miami has the second-highest percentage of disabled individuals in the nation (second only to Paterson, New Jersey, which has the largest number with 29.8%).
If a disability insurance company has wrongfully denied or terminated your claim for benefits, an experienced long term disability lawyer can help you recover the benefits you deserve. To learn more about getting your claim approved or reinstated you should speak with a Miami long term disability lawyer. They can provide guidance to help you through the administrative appeal process, filing a lawsuit, or even negotiating a lump-sum settlement.
You Can Hire the Ortiz Law Firm Regardless of Your Location
One of the first questions that many claimants ask us is “Can I hire you even though you are not in my local area?”
The answer is yes! We can represent individuals anywhere in the United States, even anywhere in the world! Below we’ll explain to you why.
The majority of long term disability claims (not all, but most) are governed by a federal regulation called ERISA. Under ERISA, you do not have the right to a jury trial, and – in most cases – you do not have the right to engage in extensive discovery. That means, at the end of the day, most of the work is paper-driven, involves a lot of brief writing, and a lot of correspondence by mail. It is very rare that a court appearance is required, and as a result, we can handle a federal court case anywhere in the state.
Miami Courts, Government, and Department of Insurance Information
Southern District of Florida Case Summaries
Our Miami Long Term Disability Lawyer Will Fight for the Benefits You Deserve
ERISA laws are very complex, but a Miami long term disability lawyer will be aware of any administrative deadlines and critical issues that must be addressed for a successful claim. It is essential that an experienced long term disability lawyer review the claim file at the appeal stage in order to determine what additional medical and/or vocational evidence needs to be added to the administrative file and to determine what adverse information needs to be rebutted. Although no two cases are alike, the Ortiz Law Firm has developed a system to prepare a comprehensive appeal in support of your claim.
You Only Have a Limited Time to Appeal Your Denial
In most (but not all) long term disability claims you only have 180 days to submit an appeal. Failure to submit your appeal within the specified time frame may prevent you from receiving the benefits you deserve. Under many long term disability insurance policies, you are unable to file a lawsuit against the insurance carrier unless you have “exhausted” your appeals. Therefore, we recommend speaking with a Miami long term disability lawyer immediately after receiving your denial or termination letter.
Individual Policy v. Group Policy
If you have an individual disability policy then the remedies available to you are vastly different than those under a group policy. If the insurance coverage is under a group policy provided by the insured’s employer, the policy is likely governed by ERISA. If the policy is an ERISA policy, then certain state laws that offer consumers protection and remedies for relief are “preempted” by ERISA regulations. For example, if the LTD plan is governed by ERISA, the disability insurance company has no exposure to bad faith damages and thus has no real incentive to pay the claim. You may not even have to file an appeal.
Miami Social Security Disability Claims
Filing for Social Security Disability benefits can be overwhelming, but the Ortiz Law Firm is here to fight for you. Although we are located in Pensacola, Florida, we represent claimant nationwide during the following stages of a Social Security Disability claim:
- Initial Application
- Request for Reconsideration
- Hearing before an Administrative Law Judge
Miami SSA Locations and Resources
Call Ortiz Law Firm for a Free Case Evaluation with a Miami 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 Miami disability lawyer. We would welcome the opportunity to discuss your legal rights with you.