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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 may be here because either your Administrative Law Judge or the Department of Disability Services (DDS) arm of the Social Security Administration (SSA) has scheduled an appointment for you to see one of their doctors, either a medical doctor or psychologist. These are commonly called Consultative Examinations (CE) or Medical Examinations (ME). Refer to …
The claimant received two years of long-term disability benefits before Unum terminated the claim under the policy’s mental health limitation, arguing that his chronic pain didn’t amount to an independent physical disability. The court sided with Unum, ruling that the claimant failed to prove chronic pain alone left him unable to perform any gainful occupation. …
If you’re applying for long-term disability insurance, you may be required to apply for Social Security disability benefits along with your LTD claim. You may even be offered the services of companies like Allsup and Advantage 2000 to assist with your claim. However, as a knowledgeable ERISA long-term disability and Social Security disability attorney, I …
After suffering a stroke at work, Gregg Arenson argued that resulting cognitive impairment left him unable to perform his prior job duties, but Unum denied his long-term disability (LTD) claim, concluding his testing didn’t show a disqualifying impairment. Applying the deferential arbitrary-and-capricious standard of review, the court sided with Unum, finding its reliance on multiple …
Unum stopped paying Susan Moseley’s long-term disability (LTD) benefits under her policy’s mental illness limitation, but the court found that Unum’s failure to order an independent medical examination before terminating her claim was itself an abuse of discretion — regardless of the underlying dispute over her Lyme disease diagnosis. The court remanded the case, ordering …
The Social Security Administration maintains all Social Security disability claim files in an electronic format. The instructions below will walk you through the process of obtaining and opening an encrypted CD from the SSA. How Do I Get a Copy of My Social Security Disability File? A claimant and/or an authorized representative has the right …
Jonni Marselle sued Unum in state court alleging breach of contract after it denied her long-term disability (LTD) claim, but Unum removed the case to federal court since the policy qualified as an ERISA plan. The court denied Marselle’s motion to reverse the denial, finding Unum’s decision was the product of a reasoned, well-documented process …
Caroline Foss argued that workplace-specific stress at Boston College left her unable to do her job, but Standard Insurance Company denied her long-term disability claim, concluding her policy’s “normal occupation” standard asks whether she could perform that type of job for any employer — not just her specific workplace. Applying the deferential arbitrary-and-capricious standard, the …
If your impairment does not meet or equal an impairment listing, the Social Security Administration’s medical-vocational or Grid rules come into play. SSA Grid rules may help disability applicants who are 50 years old or older get approved for Social Security disability benefits if they do not have helpful job skills or the job skills …
Ms. Fowkes does not contend the Plan’s written evidence requirement violates ERISA. Instead, she takes issue with MetLife's procedures to evaluate her LTD claim. In particular, she contends MetLife required her to present “objective evidence” supporting her LTD claim. At the hearing, she argued that MetLife did not consider the cumulative effect of her conditions in determining whether she adequately established disability. MetLife contends subjective reports of pain need not be taken at face value and argued at hearing that no disability is established even when considering Ms. Fowkes’s conditions in combination.
Are you ready to rejoin the workforce? A trial work period allows you to test the waters. During a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. Social Security does not consider services performed during the trial work period as …
When applying for disability insurance benefits, one crucial requirement is having medical evidence to support your claim. Your doctor may need to complete specific paperwork to support your claim, such as an Attending Physician’s Statement (APS) or Residual Functional Capacity (RFC) form. These forms detail your diagnoses, treatment, and any restrictions or limitations. However, some …
Not being able to earn an income can be scary. If you or a loved one cannot work due to an injury or medical condition, you have likely filed, or will soon be filing, an application for long-term disability insurance benefits. It is essential to know that your disability insurance company has certain obligations when …
According to the CDC, about 61 million adults in the United States have a disability. That means 1 in 4 adults have some disability, whether back problems, autoimmune disorders, heart diseases, vision impairment, or one of many other disabling medical conditions. Living with a disabling condition is tough enough on its own, but one of …
Filing a claim for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) disability benefits can be long and complicated. You must avoid the common mistakes that most claimants make to improve your chances of being approved for Social Security Disability.
The top 4 reasons Social Security Disability Claims for Mental Illness get denied are: Social Security disability attorney Nick Ortiz provides more detail on these issues below. Common Reasons the SSA Denies Claims for Mental Health Your Medical Records Are Illegible or Don’t Provide Enough Information One of the biggest problems we face in a …
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 …
Archer received long-term disability (LTD) and life insurance waiver-of-premium benefits from Hartford for several years before Hartford terminated both, relying on a functionality questionnaire from her treating physicians that indicated she could perform sedentary work — even after one of those physicians later walked the assessment back. The court upheld Hartford’s decision as reasonable, finding …
If you’re applying for Social Security Disability Insurance (SSDI) or preparing for a disability hearing, don’t go in blind. One of the biggest reasons claims are denied is because claimants simply don’t know how to present their case effectively. That’s why Social Security disability attorney Nick Ortiz is offering a FREE webinar that will teach …
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 receiving long-term disability does not 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 …