We appeal wrongful long term disability insurance and Social Security Disability denials.
[Note: these claims were not handled by the Ortiz Law Firm. They are merely summarized here for a better understanding of how Federal Courts are handling long term disability insurance claims. If you are looking for the results of a case that was handled by the Ortiz Law Firm, please visit our Case Results page.]
Jonni Marselle was covered for long term disability (LTD) benefits under a group plan provided to Humana, Marselle’s former employer. Marselle was a consultant with Humana. The position was sedentary as it required her to constantly sit, occasionally stand, and occasionally walk. She mostly did computer work. Her disabilities included immunodeficiency, serious back pain, sinus …
Marselle v. Unum – Kentucky District Court Finds Unum Made a “Reasoned Determination”Read More
I’ve been away from case summaries for a bit. Going to turn that around with a recent decision in Foss v. Standard Insurance Company, Case No. 20-cv-2449, decided by the United States District Court for the District of Minnesota on August 19, 2022. Unfortunately, the Court ruled in favor of the insurance company. Plaintiff Caroline …
Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific EmployerRead More
If your impairment does not meet or equal a listing, the Social Security Administration’s medical-vocational rules or Grid rules come into play. SSA Grid rules may help disability applicants that are 50 years old or older get approved for Social Security Disability benefits if they do not have useful job skills or the job skills …
Are you ready to rejoin the workforce? A trial work period allows you to test the waters. Earnings That Can Trigger a Trial Work Period During a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. Social Security does not consider …
Living with a disability is not easy. It can affect the way you sit, stand, walk, think, and ultimately your ability to work and earn an income. Fortunately, there are disability benefits available to people with disabilities so severe that they are unable to work. Some disability benefits are provided by the Social Security Administration …
Insight into Long Term Disability Delays and How an Attorney Can Help Not being able to earn an income can be scary. If you or a loved one are cannot work due to an injury or medical condition, you have likely filed, or will soon be filing, an application for long-term disability insurance benefits. It …
According to the CDC, there are about 61 million adults in the United States that are living with some type of disability. That means 1 in 4 adults have some kind of disability, whether it be back problems, autoimmune disorders, heart diseases, vision impairment, or one of many other disabling medical conditions. Living with a …
Filing a claim for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability benefits can be a long and complicated process. The Social Security Administration will require you to complete an application, fill out multiple questionnaires, and may even send you to see an independent medical provider in order to obtain their opinion …
Top 10 Mistakes Social Security Disability Claimants MakeRead More
Why does mental illness present special obstacles in getting a claim for Social Security disability benefits approved? In sum, a lack of mental health treatment or treatment notes related to mental illness, not taking medication, and having an episodic mental illness are the most common reasons mental illness Social Security disability claims are denied. The following …
Top 4 Reasons You Will Be Denied Disability for Mental IllnessRead More
When applying for long-term disability (LTD) insurance benefits, you need to be aware that many claims are denied. Even if your disability insurance claim is initially approved, you need to be aware that your insurance company can terminate – or cut off – your benefits. If the insurance company decides that you are no longer …
Top 10 Reasons Your Long-Term Disability Claim Will Be Denied or TerminatedRead More
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