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.]
A part of the long-term disability insurance claims process is to submit to an Independent Medical Evaluation (IME). Although you have been diagnosed with a disability by your doctor(s), the insurance company will want to obtain an “independent” evaluation of their own. But the doctors that are performing this “independent” evaluation are paid by the …
8 Tips for a Long Term Disability Independent Medical Evaluation (IME)Read More
What the Insurance Investigator Doesn’t Want You to Know During a long term disability case, it is common for the insurance investigator to request a “field interview”. First, they will call you and ask you casual questions about your health and your daily life. Do not be fooled! They are not calling to check on you because …
In order to know whether you can perform your occupation (or any other work in the economy), the disability claims handler needs to determine your residual functional capacity (RFC). This is accomplished by having a doctor perform a residual functional capacity assessment and complete an RFC form. This form is also known as an Attending …
Residual Functional Capacity Forms: Download an RFC FormRead More
When a long term disability claim is wrongfully denied or terminated most claimants are required to file at least one appeal. Before we get into how to write a long term disability appeal letter we’ll discuss what you shouldn’t do. Why Most Long Term Disability Appeals Suck! When most people file a long term disability …
How to Write a Long Term Disability Appeal Letter & Why Most Appeals SuckRead More
Since COVID-19 hit the United States, the world as we know it has changed. People are scared, confused, and isolated as the healthcare system tries to manage this growing pandemic. Health care workers and first responders are working long hours and dealing with one of the scariest illnesses to hit our country in over 100 …
It’s hard to imagine where our country would be during this pandemic if it weren’t for the dedication of our doctors and nurses. They are on the frontlines every day battling this deadly pandemic. Many doctors and nurses have underlying health issues of their own but are putting their own health at risk to save …
Disability Insurance: Guidance for Doctors and Nurses Amid the COVID-19 PandemicRead More
The COVID-19 pandemic has brought unprecedented changes to every aspect of our lives. One area that is seeing dramatic changes in the healthcare industry. Hospitals have become trauma centers, and doctor’s offices have been overrun with patients experiencing COVID-19 symptoms. Many people are avoiding these areas for fear of contracting the virus. This has made …
I cannot emphasize enough that the most important part of a disability claim is medical records. The most common response I receive from my clients is, “How am I supposed to see a doctor or go to the hospital if I don’t have any money or insurance?” This is a valid point. In fact, lack …
Reasons Disability Is Denied: Failing To Obtain Medical Treatment With Any DoctorRead More
A Court must take into consideration the conflict of interest inherent in a benefits system in which the entity that pays the benefits maintains discretionary control over the ultimate benefits decision. See, Metropolitan Life Insurance Company v. Glenn, 554 U.S. 105, 112 (2008). This is done by weighing the structural conflict as one of the many factors …
A fast-growing lawsuit in the Eastern District of Pennsylvania has been filed against the NFL by nearly 4,000 former football players. They claim that the NFL “propagated its own industry-funded and falsified research to support its position” that athletes cannot receive long-term brain damage from playing football. The league’s highest medical experts have for years …
Traumatic Brain Injury From Playing Football In The NFLRead More
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