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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.
You’re probably here today because your long-term disability insurance company has denied your claim for benefits, saying they’re denying you due to a pre-existing condition. A pre-existing condition exclusion is a provision in a long-term disability insurance policy that limits or excludes coverage for a disability …
Long-term disability claims are heavily decided by the medical evidence that is provided as part of fulfilling your “proof of claim” or “proof of loss.” Ultimately, it is the claimant’s burden to prove that a physical or mental condition has so negatively affected the claimant that the claimant can no longer continue in his or her …
Age is a factor in most long-term disability claims as most long-term disability policies have an age limit. Reaching the Maximum Age For Benefits Most disability insurance policies end either at age 65 or at the claimant’s Social Security Normal Retirement Age – which currently ranges between 65 and 67 years old. There are some …
Are you curious about how your job and education impact long-term disability claims? The type of work you do and your level of education can drastically affect your claim’s outcome. We’ll explore these factors and offer insights to help you navigate the process more effectively. Own Occupation vs Any Occupation The differences …
Wondering if you can apply for both long-term disability and unemployment benefits at the same time? It’s a common question many face when dealing with sudden health issues and job loss. It’s possible, but it comes with specific rules and limitations. In this post, we will discuss how it works when you file for long-term …
One of the most common questions we receive is, “Can I be fired while I am out of work for disability?” When it comes to qualifying for long-term disability (LTD) insurance benefits, the key factor is whether your disability began before your employment was terminated. As long as your disability started before you were terminated, …
Some long-term disability claims go to the US Circuit Courts of Appeals. The United States Courts of Appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. That means they are the level between federal district courts and the United States Supreme Court. A court of appeals decides appeals …
Long-term disability insurance companies are well-known for hiring third-party investigators to put claimants under surveillance. They spend millions of dollars on surveillance to save billions in long-term disability claims. They want to “catch” you doing something you “shouldn’t,” like taking out the trash or enjoying your grandchild’s …
Social media has become how we share our lives with the world. Long gone are the days of printing and mailing pictures to family and friends. Now, with the click of a button, you can share photos or even live stream videos on social media, which creates a way for families to stay connected even …
In the context of this article, it’s important to distinguish between long-term disability buyout and settlement offers. A buyout offer is extended by the insurance company while you are actively receiving long-term disability benefits. A settlement offer, on the other hand, arises when you have been fully denied these benefits and …
Are you suffering from multiple disabling conditions? You may think that if you are suffering from a set of combined ailments, your long-term disability claim should get approved even faster than if you only suffered from one ailment. But in fact, the opposite is true. When claimants file for long-term disability for multiple disabilities, the …
So you are eager to rush in and file your claim for individual disability insurance benefits. That’s good. You do not want to wait too long to file your claim as you only have a limited time to file the claim, but STOP FOR JUST A MINUTE. There is one thing you must absolutely do …
Some long-term disability claims are appealed to a United States District Court. If the court upholds the LTD denial, the next step is to appeal the claim to the United States Court of Appeals. For claimants in Florida, Alabama, and Georgia, these appeals go to the Eleventh Circuit. In this article, we discuss the Eleventh Circuit Court’s …
Many claimants ask why the insurance company uses a vocational consultant when reviewing a claim. Isn’t the main issue whether you have a medical disability and you’re medically disabled under the policy? This is a very legitimate question. In this article, we discuss why a vocational assessment from a vocational consultant is a …
When a person files a claim for disability benefits with the Social Security Administration, they will be asked, “What is the Alleged Onset Date of your disability?” I like to explain to my clients that it is more of a legal term than a medical one. What Social Security is really asking is, “When did …
We are often asked, “Can a Social Security disability attorney speed up my case?” The answer is yes. There are many advantages to having an attorney represent you in the Social Security Disability process, from the initial application to appeals. Below we will discuss several ways that having a disability attorney represent you might help …
Frequently Asked Question: I have a college education. I’ve heard one’s education level impacts a claim for Social Security disability benefits. Does my education keep me from being eligible for disability benefits? Answer: The Social Security Administration (SSA) evaluates applications for SSDI and SSI disability in two ways: The Listing of …
If the Appeals Council denies your request for review of your Social Security disability claim and you disagree with the decision, or if the Appeals Council decides not to review your claim for Social Security disability benefits, you can file a civil lawsuit in a federal district court. This begins the last level of the …
The Social Security Administration (“SSA”) will review your application to make sure you meet some basic requirements for Social Security disability benefits and evaluate any current work activities. If you meet these requirements, Social Security will send your application to the Disability Determination Services (“DDS”) office in your …
The first thing you should do if you’ve received a denial letter in your Social Security disability claim is read the letter! I know this seems obvious, but I’ve spoken with countless claimant who were so mad or frustrated that they threw the letter in a drawer or into the trash. What these claimants fail …
When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, Social Security considers all the medical records and other evidence in your case before it makes any decisions on your eligibility for benefits or your benefit amount. When Social Security makes a decision on your claim, it will send you …
What Is a Trust? A trust is a legal arrangement regulated by State law in which one party holds money and/or property for the benefit of another. In certain situations, a trust can be set up for an SSI recipient. A trust can contain: How Does a Trust Affect My SSI Benefits? If you use …
Social Security Disability Insurance is not an alternative unemployment program of benefits. Any factor that is not related to the claimant’s disability is not relevant to a disability determination. This includes an individual’s inability to find a job in a weak economy with few job vacancies or that an employer would not be likely to …
The first step in evaluating a Social Security disability claim is determining whether a claimant is performing “substantial gainful activity” or SGA. The Unsuccessful Work Attempt According to Social Security’s regulations, work you have done will not ordinarily show that you are capable of performing substantial gainful activity if, after working …