A disabling illness or injury can happen at any time. You may be involved in a car accident and suffer a debilitating spinal injury, or you may experience a sudden heart attack or stroke. At Ortiz Law Firm, we represent long term disability claimants that suffer from a variety of disabling conditions. If you are unable to work as a result of an injury or accident and the insurance company has denied or terminated your claim then contact our office right away to see what a St. Petersburg long term disability lawyer can do for you. We offer a no recovery, zero-fee guarantee, which means that we will only get paid if we are able to recover benefits for you.
Ortiz Law Firm Represents St. Petersburg Long Term Disability Claimants
One of the most common questions that we receive is: “Can I hire you if I’m not in your 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 Ortiz Law Firm is based primarily in Pensacola, Florida, but because most group plans are governed by ERISA, Nick Ortiz can handle a case anywhere in the United States. In fact, in the past few years, he has represented individuals from Alabama, Arizona, Colorado, Georgia, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, West Virginia, and even claimants around the world (prior clients have lived in Morocco and the Philippines, for example).
Most 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. This means that most of the work is paper-driven, involves a lot of brief writing, and a lot of correspondence by mail. It is highly unlikely that a court appearance will be required, and as a result, we can handle a federal court case anywhere in the state.
The Ortiz Law Firm is equipped to communicate with you regardless of your location. We use an electronic signature service for most of the correspondence, and we also e-mail and fax and communicate by phone. Everything that we will need to do can be handled with mail, fax, and e-mail.
There may be some situations where we may not be able to represent a claimant due to their location, but we still 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. If we cannot assist you, we will attempt to refer you to another law firm that can.
Non-Medical Requirements in a Long Term Disability Claim
There may be some qualifying requirements to be eligible for long term disability insurance benefits, such as being a “full-time” employee. Some common requirements include:
- You must meet the employment requirement. You must become disabled during the time you are or were employed.
- You must meet the minimum work hours requirement. Most policies require you to work full-time, but the exact requirements will be outlined in your policy.
- You must meet the waiting period requirement. In most cases, there is a period of time that you must wait to receive benefits, sometimes called an “elimination period.”
Medical Requirements in a Long Term Disability Claim
The most time-consuming part of a long term disability claim is obtaining the medical evidence to support your claim. Ultimately, it is the claimant’s burden to provide proof of their disability. Most policies require proof of objective evidence, which is evidence that the insurance company cannot deny exists, such as:
- CT Scans
- Blood tests
- Psychological tests
Working With a St. Petersburg Long Term 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 claims that have been denied or terminated. Please give us a call right away at (866) 853-4512 to discuss your legal rights with a St. Petersburg long term disability lawyer. We would welcome the opportunity to discuss your legal rights with you.