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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.
Previously, the “Treating Physician Rule” provided that substantial weight should be given to the impairment opinions given by a treating doctor in a Social Security Disability Insurance claim. However, starting March 27, 2017, the Social Security Administration (SSA) will no longer prioritize the opinions of your personal doctors. Instead, these opinions will be considered equally …
Applying for Social Security Disability benefits can feel overwhelming. The process is complicated, and many people are unsure why their claim was denied or delayed. To make decisions, the Social Security Administration (SSA) uses a five-step evaluation process. This process is outlined in the federal regulations at 20 C.F.R. § 404.1520. Understanding these steps can …
The Appeals Council is the final level of administrative appeal following an unfavorable decision from an Administrative Law Judge (ALJ) in Social Security disability claims. Sometimes, evidence may not reach the ALJ before your hearing. Fortunately, you can still submit new evidence to the Appeals Council, provided the following conditions are met: Over time, the …
Currently Scheduled Speaking Engagements Nick Ortiz is not currently scheduled for any future speaking engagements. If you would like to contact Mr. Ortiz about giving a presentation to your group or organization, please contact the Ortiz Law Firm at (888) 321-8131. Previous Speaking Engagements “Handling A Social Security Disability Case”, March 28, 2011, for the …
NAMI Pensacola Speaking Engagement I just want to give a big thanks to NAMI Pensacola, our local chapter of the National Alliance on Mental Illness, for allowing me to speak to your group last night. I spoke about the basics of Social Security disability benefits and how mental illnesses may qualify for Social Security Disability Insurance …
I have seen other attorneys post that a criminal background will not keep a claimant from receiving Social Security disability benefits as long as the claimant does not have an outstanding felony warrant. This is mostly correct. However, there is one additional “felony impairment” rule: a claimant cannot receive Title II Disability Insurance benefits if …
During the 1950s and1960s, the Social Security Administration published comic books relating to Social Security disability benefits and other Social Security issues in an effort to reach the younger individuals. Apparently, Social Security representatives recognized that comic books were an effective method of communicating with the youth of those days. Here is an excerpt relating …
The rules and requirements to qualify for Social Security disability cases are relatively straightforward. In short, to be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits, a claimant must satisfy both the medical and non-medical (financial) requirements for benefits. You should apply for benefits as soon as you …
Today, the National Review published a partisan attack on the organization Binder & Binder and collaterally on the Social Security Disability system of benefits in an article titled Binder on Binder & Binder. Notice that I called Binder & Binder an organization, not a law firm. This is by choice, as it is not really …
Navigating the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claim process can be challenging and lengthy. Many claimants wait months for a decision on their claims, which often creates financial hardships for them. There is not much you can do to speed up the application process. If the SSA denies your application …
The Social Security Administration (SSA) is committed to providing Social Security disability benefits quickly to claimants whose medical conditions are so serious that they clearly meet Social Security’s strict disability standards. Social Security’s two fast-track processes, Quick Disability Determination (QDD) and Compassionate Allowances (CAL), use technology to identify claimants with the most severe disabilities and …
National numbers and statistics show approximately 70% of all initial applications for Social Security disability benefits are denied by the Social Security Administration (SSA). This website is dedicated to educating you about the Social Security disability application and appeal process to try and increase your chance of winning your disability claim. This page is an …
This is where many claimants go wrong. I cannot tell you how many times I have spoken with Social Security disability claimants who received an unfavorable Notice of Determination or Notice of Reconsideration, and then failed to take immediate action. It happens for many reasons. They put the letter aside out of frustration or despair. The claimant …
Note: SSR 06-03p was Rescinded by Federal Register Notice Vol. 82, No. 57, page 15263, effective March 27, 2017 SSR 06-03p is a Policy Interpretation Ruling in SSDI and SSI disability claims titled ‘Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims; Considering Decisions on Disability by Other Governmental and …
It doesn’t happen very often, but every now and again a claimant will ask me if the Social Security Administration conducts surveillance to use against the claimant in processing continuing disability review (“CDR”) claims. Up until this weekend, I would have said, “No. Although possible, I have never heard of the Social Security Administration conducting …
Applicants and claimants for Social Security disability claims often ask me whether they “really” need an attorney to represent them through the application and approval process for benefits. I would never state that you need to hire an attorney because a claimant may go through the entire appeals process without an attorney or other representative. …
The definition of disability for Social Security claims is different from the definitions of disability used by insurance companies like New York Life or Unum. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. For all individuals applying for disability benefits under Title II (Disability Insurance Benefits) and …
Once your Social Security Disability hearing is completed, the Administrative Law Judge (“ALJ”) will issue a written decision. The length of time it will take to issue the decision depends on the individual Judge. In the Pensacola, FL / Mobile, AL area, the time ranges from just a couple weeks to over six months. The …
I cannot emphasize enough that the most important part of a Social Security 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 …
Doctor shopping is the practice of seeking out multiple doctors – often to either: (1) obtain a specific diagnosis or medication or (2) find one that agrees with you on your disability or illness. Doctor shopping is not just for claimants; insurance carriers have also been known to doctor shop. Understanding Doctor Shopping When we …
People often ask us what the chances are that they will win a lawsuit in a long-term disability claim. It is impossible to answer with certainty because of the number of factors that go into the decision. However, I can speak from our firm’s own experience. First, we must clarify what we mean by “winning a lawsuit.” …
When you’re going through the long-term disability application process the insurance company will typically send you an application that has a few pages of questions for you. One of the questions is, “What is it about your condition(s) that keeps you from being able to work?” There might be two lines for you to fill in why …
When you’re denied long-term disability (LTD) benefits, you must go through the administrative appeal process. If your appeals are unsuccessful, the next step is to go to court. Winning an LTD claim in court can often feel like an uphill battle. In this post, we’ll delve into the reasons why winning an LTD claim in court is so challenging. When …
Creating a “Day In The Life Of” video to submit with your long-term disability appeal can be crucial to the success of your claim. Documenting your challenges and limitations on video can effectively convey the reality of your situation to the disability insurance claims adjuster. What is a Day in the Life of Video? A video can …
