According to Making Action Possible for Southern Arizona, 10.3% of the 18 to 64-year-old population in Arizona is living with a disability due to some type of injury or illness. Tucson, AZ., is the second-largest city in the state and home to many disabled citizens. A large portion of the people with disabilities are not in the labor force – in other words, they are not looking for work. So how do these people support themselves? They obtain disability benefits with the help of a Tucson disability lawyer.
For most people, the inability to earn a living is a terrifying prospect. Few individuals have the resources necessary to afford their regular living expenses without a regular paycheck, not to mention ever-growing medical expenses. This creates a need for disability insurance and Social Security Disability lawyers, as many claimants want help from the start.
Fortunately, there are benefits that disabled Arizona citizens can apply for if they need assistance during this time of financial hardship. Many of Phoenix’s major employers, such as Infusionsoft, PetSmart, Circle K, the state of Arizona, and Banner Health, offer disability insurance benefits to their employees.
If your employer offers disability insurance, you may be entitled to benefits if you are suffering from an illness or injury that prevents you from performing the regular duties of your occupation. Social Security Disability (SSD) benefits are also an option, but in order to qualify for Social Security Disability benefits, you must be unable to work in any occupation for a full 12-month period.
Tucson Long Term Disability, ERISA, and Disability Insurance Claims
Almost everyone pays into the Social Security Disability program, but long term disability insurance policies are preferable for a couple of reasons. First, Social Security Disability provides only a very limited benefit each month. Individual and group long term disability policies provide benefits pay a percentage of your pre-disability earnings, with many policies offering a much higher maximum benefit amount than that which is available through the Social Security Administration.
We help claimants appeal denied long term disability claims, and, if necessary, we will file a lawsuit against the insurance company on your behalf. Although we do not typically handle short-term disability claims, we may be able to help if you also have a long term disability policy that will be impacted.
If the insurance company has offered you a lump sum to buy out your claim, we can help you evaluate the fairness of the offer and possibly negotiate for a larger settlement amount.
If you live in Tucson and are no longer able to perform your occupation due to a personal injury or illness, call the disability attorneys at Ortiz Law Firm. We do not fear any of the major insurance companies with a presence in Arizona, and we will fight for the benefits that you deserve. We offer a free consultation to those whose claims have been wrongfully denied or terminated.
We Represent Claimants Nationwide
We represent long term disability claimants in Tucson, throughout Arizona, and nationwide. Most long term disability insurance claims 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 country.
Tucson Courts, Government, and Department of Insurance Information
District of Arizona Case Summaries
Long Term Disability Lawsuits in Tucson
Different laws apply to different types of disability insurance policies. Long term disability plans fall into one of two categories: individual and group long term disability plans. A complex set of federal laws called the Employee Retirement Income Security Act (ERISA) typically governs group long term disability insurance policies or policies provided by employers.
ERISA places strict limitations on your ability to fight wrongful denials and terminations of benefits. If you do not follow the process correctly, you could find yourself unable to recover any benefits at all. For example, if it is necessary for you to file an ERISA lawsuit, the judge will only be permitted to review evidence that was submitted during the administrative review process with the insurance company. Failing to submit the necessary evidence could leave you with an unsupported claim that will not stand up in court.
People who purchased individual disability policies generally aren’t subject to these limitations and enjoy greater consumer remedies and freedom in challenging their insurer’s decisions. If an individual policyholder were to file a lawsuit, they would be entitled to a jury trial and be permitted to call witnesses.
Do not count on the insurance carrier to act in your best interest. It wants you to believe that it is on your side, but that would be a grave mistake. Remember, the insurance company profits from each claim that it denies.
Instead, give yourself the best chance of approval by working with an experienced long term disability attorney. The Ortiz Law Firm operates on a contingency fee basis, meaning we only get paid if you receive the benefits that you deserve.
Tucson Social Security Disability Lawyer
Most workers have contributed to the Social Security Disability Insurance program through payroll taxes and are eligible to receive Social Security Disability benefits if they are unable to work due to a disabling condition. We assist Tucson Social Security Disability claimants with initial applications for Social Security benefits, the appeal process, and hearings before an administrative law judge. Although we are based in Pensacola, Florida, we represent Social Security claimants in Tucson, Arizona, and the surrounding areas.
Tucson SSA Locations and Resources
Get Help from a Tucson Disability Lawyer
Nick Ortiz is an experienced disability attorney who knows how to get his clients the benefits they deserve. He has experience handling disability insurance claims against every major insurance company, and he and the experienced team at Ortiz Law Firm have recovered millions in benefits for past clients. To schedule your free consultation with a Tucson Social Security Disability and disability insurance attorney, call us at (888) 321-8131.