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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.
In October 2017, I received an email from a long-term disability defense attorney announcing his involvement in a webinar. The webinar’s title was “ERISA Wrongful Denial of Benefits Claims: Procedural Prerequisites and Key Defenses.” The email laid out the issues they were going to cover, which gives you insight into how an insurance company will …
Completing paperwork for your long-term disability claim is one of the first steps in the process. While it is essential to provide accurate and thorough information, too often people share too much or not enough on their paperwork that can open the door for a denied claim. Five Simple Guidelines To Follow When Applying For Long-Term Disability …
For the purpose of this article, we’re classifying government employees as anyone who works for a municipality, state, or the United States federal government. Another thing to clarify is that we’re talking about government employees with long-term disability insurance policies through a group plan or their employer. We are not talking about plans that were …
Long-term disability (LTD) and Social Security Disability Insurance (SSDI) are two very different disability benefits: Being approved for Social Security disability benefits can be a long process- usually longer than the long-term disability process. For this reason, it is good to have a long-term disability policy as well. You may be under the impression that …
If you become disabled during the time you are employed full-time, you may be eligible for disability benefits. How much you will earn will be dependent on your policy. Sometimes the wording in long-term disability policies can be lengthy and confusing. Here are the answers to some frequently asked questions about long-term disability pay: How Much Will …
Some people get approved within weeks after their initial appeal; others take many more months or even years longer than the average. The following timeline is based on our years of experience in handling dozens of short-term and long-term disability claims. It can be a very helpful tool for anyone going through the disability claims …
Long-term disability insurance is offered to help support you as a wage replacement if you’re sick or injured and unable to work. Unfortunately, what should be a relatively straightforward claim process is anything but. Despite paying your premiums for months, years, or even decades, your insurance company may unfairly deny your disability insurance claim, leaving you without …
If your long-term disability claim has hit a roadblock with a denial, you’re not alone in your struggle. Many individuals find themselves in a similar situation, unsure of what to do next. However, by being proactive and informed, you can work towards overturning the denial and obtaining the financial support you need during this challenging …
A technical denial of a disability claim occurs when you are denied based on a non-medical reason. If your claim has been denied for a technical reason, there is still time to seek an attorney specializing in long-term disability law. We have successfully represented claimants in disability cases across the United States.
If you have applied for long-term disability benefits, you may experience a denial. When you receive notice from the insurance company that your claim has been denied, the clock starts ticking down for you to file an appeal. If you miss a deadline, you could forfeit your right to appeal the decision and not be …
If you’re denied long-term disability insurance benefits by the insurance company, you may be eligible to appeal your long-term disability case to federal court. Litigation involves taking legal action or filing a lawsuit to protect your legal rights. Unlike an individual disability policy that is governed by state law, federal courts have jurisdiction over all ERISA long-term disability cases. Policyholders whose benefits have …
Long-term disability (LTD) claims are very different than most other types of cases, including personal injury cases and Social Security Disability Insurance cases (although a Social Security Disability claim will impact your long-term disability claim – more on that later). Disability insurance companies understand the disability rules and regulations and will use those rules against …
If your long-term disability (LTD) claim is denied, it’s natural to feel frustrated and overwhelmed. However, a denial isn’t the end of the road. You can appeal a long-term disability denial, and many claimants successfully reverse denials through the appeals process. Appealing a denial of a long-term disability claim for benefits under the Employee Retirement …
If your claim for long-term disability benefits has been denied or terminated, the next step is to submit an administrative appeal. These advanced strategies for long-term disability appeals can be expensive and are not used in every case, but they can be highly effective in select cases. First of all, you might order your own …
If you have a long-term disability policy, either provided by your employer or through a policy you’ve acquired independently, you may qualify to receive disability benefits if you cannot work. The first step in determining your eligibility for benefits is to read your long-term disability (LTD) policy thoroughly. You can obtain a copy of your LTD plan from …
Why does the insurance company want your statement? The insurance company likely seeks your statement to find any inconsistencies between your account and the evidence in your file. Before the recorded statement, the insurance company may already have some information about you. The adjuster will have reviewed your benefits application, some of your medical records, …
You’re probably here today because your insurance company has denied your long-term disability claim, saying they’re denying you due to a pre-existing condition. We will help you understand what pre-existing means and how the term applies to long-term disability claims. Below, we provide several examples that help to explain long-term disability insurance and pre-existing conditions. Pre-Existing …
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 career. Medical …
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 between own occupation and …
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 birthday party. The goal is to get footage that they …
