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According to the Centers for Disease Control and Prevention, over 25% of Washington adults have a disability. In this time of financial uncertainty, many Washingtonians will turn to long-term disability insurance and Social Security Disability Insurance benefits to support themselves and their families. However, if your claim is denied, you may need a Tacoma disability lawyer to help you recover your rightful benefits.
Having represented disability claimants since 2005, attorney Nick Ortiz has seen firsthand that even deserving claimants often receive denial letters instead of the benefits they are entitled to. If your disability claim has been denied or terminated, the experienced legal team at the Ortiz Law Firm can help. Our national disability law firm serves claimants in the Gig Harbor-Tacoma area and throughout the state of Washington.
The Ortiz Law Firm Handles Tacoma Long-Term Disability Claims
Our firm focuses primarily on wrongfully denied disability insurance claims. We assist claimants with long-term disability appeals and, if necessary, we will file a lawsuit against the insurance company. The legal team at the Ortiz Law Firm will use its years of experience to prepare a comprehensive appeal that will give you the best chance of receiving the benefits you deserve. Even though the insurance companies have millions of dollars in resources at their disposal, our firm does not fear a single one of them. If you’re ready to fight against the insurance company, contact our office to schedule a free case evaluation.
Long-Term Disability, ERISA, and Disability Insurance Denials in Tacoma, WA
Disability law is complex, especially when the Employee Retirement Income Security Act (ERISA) governs your case. If you have received a long-term disability denial, one of the first things you should do is determine whether your insurance policy is an individual disability policy or part of a group plan. But how do you know if ERISA applies to your claim?
If you are self-employed or have purchased a policy through an insurance agent or broker, you probably have an individual disability insurance policy. ERISA does not apply to most individual disability policies, and it may not be necessary for you to file an appeal. You have the right to proceed directly to litigation. Individuals with an individual disability insurance policy are often entitled to a more traditional lawsuit process, including a trial with a jury and the right to call witnesses to testify in support of your case.
However, the process is very different for those denied benefits under a group or employer-sponsored plan. ERISA typically governs these disability plans. Under ERISA, you are required to file at least one appeal. Some plans may even require you to file two appeals, while others may offer an optional second appeal. If you file the required appeals within the required time frame and still receive a denial letter, you may file an ERISA lawsuit.
The litigation process for an ERISA claim is also very different from a claim under an individual disability policy. You do not have the right to a jury trial or the right to call witnesses. The judge reviewing your case will be limited to the documents in the administrative record and will refuse to consider any evidence not previously submitted as part of your initial claim or administrative appeal.
Many claimants are shocked to learn that the judge will ignore any new evidence not submitted during the administrative appeal process. ERISA laws are extremely complex, which is why we recommend that you consult with an attorney experienced in handling such claims.
Tacoma, WA Court, Government, and Insurance Department Information
- Western District of WA | United States District Court
- The United States Court of Appeals for the Ninth Circuit
- Government website for the state of Washington
- Washington State Office of the Insurance Commissioner
Western District of Washington Case Summaries
Tacoma Social Security Disability Lawyers
Our firm also represents Social Security Disability Insurance (SSDI) claimants in Tacoma, Washington. The Social Security Administration will soon be conducting hearings using the Microsoft Teams platform, making it easier than ever for Social Security Disability lawyers to represent claimants across the country.
How Can a Social Security Disability Lawyer Help?
Nick Ortiz is a Social Security disability attorney ready to fight for the benefits you deserve. Although our office is located in Pensacola, Florida, our Tacoma Social Security Disability lawyers represent claimants in Tacoma. We help with Tacoma Social Security Disability Insurance claims at the following stages:
Tacoma SSA Locations and Resources for Claims
- Directions to the Tacoma Social Security office
- Social Security’s website
- Tacoma, WA Office of Hearing Operations Information
Schedule a Free Consultation with a Tacoma Disability Lawyer
If your long-term disability case has been denied, or if you are fighting to get the Social Security disability benefits that you deserve, then contact us to learn more about how we help disability claimants in Tacoma, WA, and in the surrounding areas of Gig Harbor and Seattle. We offer a free consultation if your long-term disability claim has been wrongfully denied or terminated, as well as if you have a Social Security Disability Insurance claim at the initial application, reconsideration, or hearing stage of the process.
Our attorneys offer a “No Recovery, Zero Fee” guarantee – meaning the attorneys only get paid if you receive your disability benefits! You will not pay any attorney fees unless we win your case, so there is no risk if you decide to hire a disability insurance or Social Security disability attorney to help you with your case. You only have a limited amount of time to appeal a denial, so call the Ortiz Law Firm today at (888) 321-8131 or contact us online to schedule your free consultation.
