According to the CDC, 22.9% of adults in Massachusetts have some type of disability. Worchester is the second most populated city in the state of Massachusetts and home to many disability claimants. Those who are unable to work as a result of a disabling condition should contact Ortiz Law Firm to see what we can do to help you obtain the disability benefits you are entitled to. Nick Ortiz has recovered millions in benefits for past clients.
Our experienced legal team represent long term disability, ERISA, disability insurance, and Social Security Disability claimants in the Worchester area and throughout the state of Massachusetts. We assist long term disability claimants whose claims have been wrongfully denied or terminated, as well as Social Security Disability claimants whose claims are at the initial application, reconsideration, or hearing level.
Ortiz Law Firm Handles Worchester Long Term Disability Claims
Our primary area of practice is long term disability claims. We assist our clients by gathering evidence of their disabilities to obtain the disability benefits they deserve. We start by obtaining your claim file from the insurance company so that we can evaluate what evidence is needed to support your claim. The specific requirements for each unique case will be explained in the individual or employer-sponsored long term disability policy. Next, we request all of the medical records relevant to your claim and work to produce additional evidence such as Medical Source Statements and a sworn statement from you in the form of an affidavit.
Even the most well-supported claim for benefits is likely to be denied at some point, whether it be during the initial application process or when the insurance company conducts a review of the claim. At the end of the day, the insurance company is a business and its goal is to make money. For an insurance company, this means denying claims. Your disability insurance company will do whatever it can to delay, cut off, and wrongfully deny the disability benefits that you are entitled to.
Long Term Disability, ERISA, and Disability Insurance Denials in Worchester
Anyone fighting for disability insurance benefits should talk to an experienced disability attorney and ERISA lawyer. The process and method to appeal a wrongful denial of disability benefits or to file a lawsuit against the insurance carrier vary depending on the disability policy that you have, but a disability lawyer will be able to determine exactly how you need to proceed. This is one of the most complicated areas of federal law, and so we highly recommend that you request a free case evaluation if your claim has been denied or terminated.
If you are an individual disability policyholder, then you may be able to take the insurance carrier to court without having to appeal the wrongful denial. You are entitled to a jury trial and will have the opportunity to call witnesses. If you have a group policy, which is usually obtained through an employer, you do not have the same rights as those with an individual policy. If your claim is denied you must go through an administrative appeal process with the insurance carrier before you can take the carrier to court. Some policies only require one appeal, while others may require two.
Under the Employee Retirement Income Security Act (ERISA), which governs most group policies, your case is limited to the evidence that you submitted with your application and appeal(s). In a federal ERISA lawsuit, you can only introduce the documents and statements that you already provided to your insurance company. You are not entitled to a jury trial. Rather, the judge looks at the administrative record and renders a decision based on everything you and your insurer did during the application and appeal process.
Despite these limitations, there is still hope. An experienced long term disability attorney will stack the record with supporting evidence to give you the best chance at approval, even if it is necessary to file an ERISA lawsuit. If you have already exhausted your administrative appeals, we will work with the information already in your file to obtain the most favorable outcome. Nick Ortiz and the legal team at Ortiz Law Firm are ready to take on any of the major disability insurance companies operating in Worchester and the surrounding areas.
Worchester Courts, Government, and Department of Insurance Information
District of Massachusetts | United States District Court
United States Court of Appeals for the First Circuit
Official government website for the State of Massachusetts
Massachusetts Division of Insurance
District of Massachusetts Case Summaries
Aetna Commits Abuse Of Discretion In Denying Plaintiff’s LTD Benefits
SSA’s Eligibility Determination Does Not Bind Aetna
Vocational Expert Not Permitted To Consider All Records
Long Term Disability Settlements in Worchester
If you’ve been receiving long term disability benefits for some time already, the insurance company may offer you a lump sum settlement in lieu of your regular monthly payment. However, the amount offered is usually significantly less than the total amount you would receive over time if you were to receive a monthly benefit for the maximum benefit period allowed by your insurance policy. If you have received a lump sum settlement offer we can help you evaluate the fairness of the offer, and we may even be able to negotiate for a higher amount.
Worchester Social Security Disability Claims
Ortiz Law Firm also represents Social Security Disability claimants in Worchester, Massachusetts. The Social Security Administration will soon be conducting hearings using the Microsoft Teams platform which will make it easier than ever for Social Security Disability attorneys to represent claimants across the country.
Nick Ortiz is a Board Certified Social Security Disability lawyer ready to fight for the benefits you deserve. Although our office is based in Pensacola, Florida, we do represent Social Security Disability claimants in Worchester, Massachusetts. We represent Social Security Disability claimants at the following stages:
Massachusetts SSA Locations and Resources
Directions to the local Social Security Administration Office
Schedule a Free Case Evaluation with a Worchester Disability Lawyer
If you are unable to work due to a disabling illness or injury and are struggling to obtain the disability benefits that you deserve, then contact our office today to request your free case evaluation. We represent long term disability, ERISA, disability insurance, and Social Security Disability claimants in Worchester and the greater Worchester area. We handle long term disability appeals, lawsuits, and lump-sum settlements, as well as Social Security disability claims. If your claim has been denied you only have a limited time to file an appeal, so call us at (888) 312-8131 to find out what we can do to help.