If you have paid into the Social Security Disability system and/or regularly paid your monthly premiums for long term disability insurance coverage, you probably expect that you will receive the benefits you paid for if you become disabled. Unfortunately, most disability claimants receive a denial letter rather than the benefits they were depending on to provide for themselves and their families. If you are fighting to receive benefits you do not have to face the SSA or your disability insurance company alone.
Ortiz Law Firm understands what it takes to get a disability claim approved and our Virginia Beach disability lawyer will fight for the benefits that you deserve. We may not have an office in Virginia Beach, VA, but we have the experience necessary to help you build your best case.
Nick Ortiz is a Social Security Disability lawyer who has recovered millions in denied disability insurance and Social Security Disability benefits. Our disability-related practice areas include individual disability insurance, ERISA, and long term disability claims as well as Social Security Disability claims.
Who is Eligible for Disability Benefits?
The eligibility requirements vary depending on the type of disability benefit you are applying for.
Disability Insurance, ERISA, and Long Term Disability Benefits
In order to be eligible to receive disability insurance benefits, you have to have an existing insurance policy. Most policies are obtained as part of a group benefits plan with an employer, but you can also purchase an individual policy through an insurance broker.
The eligibility requirements of your specific policy will be outlined in the disability insurance policy, but it can be difficult to understand the terms of the policy. A disability lawyer can review your policy and help you determine the eligibility criteria you must meet to receive benefits.
Social Security Disability Benefits
In order to qualify for Social Security Disability benefits, you must meet certain medical and non-medical requirements.
A claimant must have a medically determinable impairment (medical condition) that is severe and either meets all of the requirements of a Social Security listing of impairment or prevents the claimant from working at any of their past jobs or any other job, given their education, age, and skills. Another important Social Security Disability law is that your medical disability must last, or can be expected to last, for at least one year.
It may be difficult to prove that you are unable to work as a result of your medical conditions, but a Social Security Disability attorney can help you gather medical evidence to support your claim.
You must also be “insured” under the Social Security Disability Insurance (SSDI) program of benefits. That means you must have paid taxes into the Social Security system for a required number of years. The reported income also must be relatively recent, as work credits do expire, and your insured status can lapse if you stopped working too long ago.
Some claimants file their SSDI claims while they are still working, but if a claimant is earning a certain amount of money per month in employment, then they will be considered to be gainfully employed, and therefore not eligible for benefits. A Social Security Disability attorney can help you determine if your work activity will disqualify you from receiving benefits.
Ortiz Law Firm Handles Disability Insurance Claims in Virginia Beach
If you are unable to work and have been denied disability benefits, we can help. Our disability lawyer will take on any of the major insurance companies insuring Virginia residents. When you choose a disability lawyer at Ortiz Law Firm you’re choosing an expert in disability law that knows the tricks and tactics the insurance company will use to delay or deny your claim.
How We Can Help
We focus primarily on wrongfully denied or terminated disability insurance claims. More often than not, the story we hear is the same: the policyholder is astounded to learn that after paying the insurance company for months or years their claim has been denied. Unfortunately, we know from experience that even the most deserving claimants will likely be denied for one reason or another. At the end of the day, the insurance company is still a business, and it is in their best interest to deny claims.
The current status of your claim determines what we can do to help:
- If your claim for benefits has been wrongfully denied or terminated, we will represent you through the administrative appeals process.
- If you have already filed all of the appeals that are available to you, we will file a lawsuit against the insurance company.
- If you are already receiving benefits and have received a lump sum buyout offer from the insurer, we will help you evaluate the fairness of the offer. In some cases, we may even be able to negotiate for a higher settlement amount.
If it becomes necessary to file a lawsuit, most long term disability cases (not all, but most) are governed by a federal regulation called ERISA. Under ERISA disability law, 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. At the end of the day, that means most of the case is paper-driven, involving a lot of brief writing and a lot of correspondence by mail. There are very few court appearances required.
We evaluate each claim 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.
Virginia Beach Courts, Government, and Department of Insurance Information
Eastern District of Virginia Case Summaries
Social Security Disability Lawyers for Claims in Virginia Beach
Since Social Security is a federal program, you have always had the ability to hire a Social Security Disability attorney regardless of where they are located; however, the travel requirements made this impractical for many representatives, and most Social Security Disability attorneys chose to focus on claims in their local area.
The Social Security Administration is now conducting hearings using the Microsoft Teams platform, so it is easier than ever to represent claimants across the country. As such, our firm is now handling claims throughout the state of Virginia.
Nick Ortiz is a Social Security Disability attorney. He and his experienced legal team are ready to fight for the benefits you deserve. Although our office is based in Pensacola, Florida, we do represent Social Security Disability claimants in Virginia Beach. We represent Social Security Disability claimants at the following stages:
Virginia Beach SSA Locations and Resources
Information about the Norfolk VA Office of Hearing Operations / Office of Disability Adjudication and Review which adjudicates Social Security Disability benefits claims for claimants in Virginia Beach, VA, and the surrounding areas.
Our No Recovery, Zero Fee Guarantee
We offer a No Recovery, Zero Fee Guarantee – meaning we only get paid if you get paid! You won’t pay any fees unless we win your case, so there is no risk if you decide to hire a disability lawyer to represent you. We are now serving Virginia Beach Social Security Disability and disability insurance, ERISA, and long term disability claimants.
Schedule a Free Consultation with a Virginia Beach Disability Lawyer
We offer a free consultation for disability insurance claimants whose claims have been wrongfully denied or terminated, and for Social Security Disability claimants who are at the initial, reconsideration, or hearing stage of the process. Schedule a free consultation for legal advice and to find out more about how we help disability insurance and Social Security Disability claimants in Virginia Beach, Norfolk VA, and the surrounding area.
You only have a limited time to appeal a denial, so call us today at (888) 321-8131 to schedule your free consultation or fill out the form on our contact page to submit your request for a free consultation online.