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Ortiz Law Firm | National Disability Law Firm
Ortiz Law Firm is dedicated to helping people recover the disability benefits they deserve. We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims.
When applying for long-term disability (LTD) insurance benefits, you must know that disability insurance companies deny many claims. Even if your disability insurance claim is initially approved, you need to know that your insurance company can terminate or cut off your benefits. If the insurance company decides you are no longer disabled, they can terminate …
If you are a school board employee, you are likely covered by your county’s short-term disability (STD) and long-term disability (LTD) insurance plan. Disability insurance coverage is available to most individuals employed by public schools, such as teachers and janitorial staff, although certain requirements (such as working a certain number of hours each week) must …
Social Security disability, survivor, and retirement benefits are paid in the month after they are payable. The benefit payment day is determined by the day of the month the payment recipient was born. Schedule For Social Security Disability Payments For beneficiaries born between the 1st of the month and the 10th of the month, benefits …
The claimant in Archer v. Hartford Life and Accident Insurance Company was an Assistant Store Manager at TJX Marshall’s Department Store. She had group long-term disability (LTD) coverage. She also had life insurance benefits. Both of these categories of group benefits were issued and administered by Hartford. Hartford had what we call “discretionary authority”. As claims administrator for …
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The gut-wrenching sound of a knee injury is a familiar sound for athletes. You may have witnessed a knee injury watching a professional basketball game. Knee injuries account for 50% of all injuries in athletes. But knee injuries don’t just happen under the lights in a large stadium. Knee injuries and pain are common in …
Your functional limitations are the most critical evidence for your long-term disability claim. Your insurance company is interested in how your disability affects your ability to work. The insurance claim examiner (and a judge if your claim goes to court) will look for you to provide detailed doctor’s notes on activity limitations. This information is …
You can still have a life that involves traveling when you have a long-term disability. The disability insurance companies may not like it, but being on long-term disability doesn’t mean you are on house arrest. Traveling can be a little more complicated when receiving disability payments, but it is doable with additional planning. The Do’s of …
The use of drones as a new way to gather information and decrease the costs of long-term disability insurance claim investigations is on the rise. Why Do Insurance Companies Use Drones to Spy? Insurance companies have the duty of investigating disability insurance claims. Most insurance claims are legitimate claims filed by truly disabled individuals. But …
After you have exhausted your short-term disability benefits (usually a requirement), you can apply for long-term disability (LTD) benefits. Knowing how the process will work before you apply is helpful. In this article, we walk you through the long-term disability process from application to award. Applying for Long-Term Disability Benefits Step 1: Request a Copy …
Facing a Long-Term Disability Denial? Here’s How to Fight Back If your long-term disability (LTD) benefits have been denied, you’re not alone—and you don’t have to face the appeal process by yourself. Insurance companies deny legitimate claims all the time, but you have the right to appeal and fight for the benefits you deserve. In …
After being accused of denying rides to people with disabilities in violation of the Americans with Disabilities Act (ADA), the popular ride-sharing service Lyft has agreed to update its policies and procedures to prevent further discrimination against people using foldable or collapsible wheelchairs and walkers and ensure equal access to rides. As part of a …
Question: “My job is saying I must resign since I am filing for long-term disability and do not plan to return to work. Should I consider resigning due to a disability?” The simple answer is most likely “no.” In fact, if you resign, you will lose your long-term disability benefits altogether. Except for very few …
In Cassidy v. Aetna Life Insurance Company, the U.S. District Court for the Eastern District of Kentucky ruled in favor of Aetna in a long-term disability insurance claim. The decision was issued on May 21, 2021. The long-term disability insurance claim was governed by the Employee Retirement Income Security Act of 1974 (ERISA). Ms. Cassidy …
Mr. Calkin was a 65-year-old manager of architectural design for AIG from June 10, 2013, through June 24, 2014. Mr. Calkin suffered from impingement syndrome in his left shoulder, brachial plexopathy (a form of neuropathy), bilateral shoulder pain, lower back pain due to degenerative disc disease and stenosis in his lumbar spine, degenerative joint disease in his left knee, as well as …
Ms. Harrison was a claimant who worked as a customer service representative for a cash advance lender. Her duties included selling financial products to customers, providing customer service, handling money, and overseeing financial transactions. She also suffered from depression and anxiety during her time at this place of employment. Ms. Harrison had suffered for many years from depression and …
When you file a long-term disability claim, it is common for the insurance investigator to call you and ask casual questions about your health and daily life. Next, they will say, "We want to send someone to your home to meet with you to discuss your claim." This is called a field interview.
Note: This form is also known as an Attending Physician Statement (APS) or a Medical Source Statement (MSS). We will use these terms interchangeably throughout the rest of this article. What Is A Residual Functional Capacity Assessment? A residual functional capacity assessment evaluates your impairment(s) and any related symptoms, such as pain, that may cause …
In this case, Tommy W. Senegal (“Senegal”) had a long-term disability policy that was administered by Reliance Standard Life Insurance Company (“Reliance Standard”) as a benefit of his employment by Cequel III, LLC (“Cequel”). Senegal worked for Cequel as a field service engineer; his duties were specifically related to supervising cable installation. This installation process …
Marybeth M. Donlick (“Donlick”) was employed as a truck driver for Chesapeake Energy Corporation (“Chesapeake”). Through her employment, Donlick received coverage for a long-term disability benefits plan, which was administered by Standard Insurance Company (“Standard”). On August 7, 2012, Donlick was in a motorcycle crash which caused her to have an amputation below her right …
In this case, David Diaz (“Diaz”) was the district manager at JM Family Enterprises, Inc. (“JM Family Enterprises”) between September 2010 and October 2015. JM Family Enterprises’ had an employee benefit plan which covered long-term disability benefits. This plan was insured by Liberty Life Assurance Company of Boston (“Liberty”). Under the plan, the term “disabled” …
Carianne Deroo (“Deroo”) worked as an employee for Beaumont Hospital as a Clinical Nurse II. This role involved full-time work as a registered nurse which required patient care. Through her employment with Beaumont Hospital, Deroo was covered by a long-term disability benefits policy which was administered by Unum Life Insurance Company of America (“Unum”). The …
Brenda Counts (“Counts”) previously worked as an employee of Denver Wholesale Florist-Flint as a flower sales specialist. Her job title was formally known as “Inside Sales Associate” which required “making sales calls, pulling product[,] and packing.” Through her job, she held a disability insurance policy with United of Omaha Life Insurance Company (“United”). Under this …
Lisa Conner (“Conner”) was a perioperative nurse at St. Vincent’s Medical Center. Through her employment, she held a policy under the Ascension Health (“Ascension”) Long-Term Disability plan. Sedgwick administered this plan. The language of the plan explained that: On May 20, 2013, Conner was in a car accident that left her with injuries to her neck, left arm and left …
