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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.

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Home | Archives for Nick Ortiz | Page 15

Nick Ortiz

Types Of Car Accidents

July 13, 2020 // by Nick Ortiz

The Ortiz Law Firm Handles All Types of Car Accident Cases Mr. Ortiz has been handling car accident cases for over a decade, and as a Florida personal injury attorney he has experience in handling all types of car accidents. From hit-and-run accidents to multi-vehicle crashes, Mr. Ortiz has helped his clients recover the money …

Read moreTypes Of Car Accidents
Category: Personal Injury

Uber | Lyft | Rideshare Accidents

July 13, 2020 // by Nick Ortiz

As companies like Uber, Lyft, and Sidecar are growing more popular and beginning to replace taxi companies, it is important to understand how insurance coverage works when a ride-sharing company is involved so that you can protect yourself in the event of an accident. Although similar in many ways, each company has a different insurance …

Read moreUber | Lyft | Rideshare Accidents
Category: Personal Injury

Our Zero Fee Guarantee: No Attorneys’ Fees If You Do Not Make a Recovery

July 13, 2020 // by Nick Ortiz

As an experienced Florida disability attorney who has handled thousands of complex disability cases since 2005, I am continually amazed that many lawyers still have not abandoned what I consider to be the dinosaur of billing method – the billable hourly rate. Why Would You Hire An Attorney At An Outrageous Hourly Fee When You …

Read moreOur Zero Fee Guarantee: No Attorneys’ Fees If You Do Not Make a Recovery
Category: Long-Term Disability, Social Security Disability

Santana-Diaz v. MetLife – Court Rules “Clinical” Is Not An Ambiguous Term

June 29, 2020 // by Nick Ortiz

MetLife forwarded responses from Santana’s treating physicians to Dr. Simon, an “independent physician,” who reviewed them and concluded that the MRI was normal for a person of Santana’s age and that Santana had still failed to submit clinical evidence showing that he had either radiculopathy or any limitations due to neuropathy. By a letter dated …

Read moreSantana-Diaz v. MetLife – Court Rules “Clinical” Is Not An Ambiguous Term
Category: Case Summary Blog
Tags: MetLife

Rouleau v. Liberty Life – Court Assigns No Weight To Surveillance Video

June 29, 2020 // by Nick Ortiz

None of Liberty’s arguments persuade the Court that denying long-term disability benefits to Ms. Rouleau is appropriate. The preponderance of the evidence – indeed, the great weight of the evidence – reflects that Ms. Rouleau remained “disabled” as the Policy defines it even after the expiration of the “own occupation” period and is therefore …

Read moreRouleau v. Liberty Life – Court Assigns No Weight To Surveillance Video
Category: Case Summary Blog
Tags: Liberty Mutual

What Is a Peer Review Report In a Long-Term Disability Claim?

June 14, 2020 // by Nick Ortiz

An insurance company may elect to have your long-term disability claim analyzed by a “peer review” physician, who could potentially challenge the opinions given by your primary healthcare providers. But what exactly is a peer review report in the context of a long-term disability claim? Unlike an Independent Medical Examination, this is a …

Read moreWhat Is a Peer Review Report In a Long-Term Disability Claim?
Category: Additional Parts Of A Claim That Do Not Happen in Every Case

Carson v. Unum – Court Rules File-Only Review Is Sufficient

May 18, 2020 // by Nick Ortiz

Drew A. Carson (“Carson”) was an attorney employed by Miller Goler Faeges LLP. Through his employment, he was covered by a long-term disability benefits plan which was administered by Unum Life Insurance Company of America (“Unum”). The plan explained that:  “‘Disability’ and ‘disabled’ mean that because of injury or sickness:  Further, proof …

Read moreCarson v. Unum – Court Rules File-Only Review Is Sufficient
Category: Case Summary Blog
Tags: Unum

Telemedicine And Disability Claims

May 11, 2020 // by Nick Ortiz

The COVID-19 pandemic has brought unprecedented changes to every aspect of our lives. One area that is seeing dramatic changes is the healthcare industry. Hospitals have become trauma centers, and doctor’s offices have been overrun with patients experiencing COVID-19 symptoms. Many people are avoiding these areas for fear of contracting the virus. …

Read moreTelemedicine And Disability Claims
Category: Long-Term Disability

Zaeske v. Liberty Life – Appeals Court Reverses District Court Decision And Denies Claim

May 11, 2020 // by Nick Ortiz

The case summarized here involves Damon Zaeske (“Zaeske”), who was a project manager employed by Walmart. He ceased working on April 4, 2014, as a result of chronic back pain. Walmart’s insurance plan was underwritten by Liberty Life Assurance Company of Boston (“Liberty Life”); Zaeske applied for long-term disability (LTD) …

Read moreZaeske v. Liberty Life – Appeals Court Reverses District Court Decision And Denies Claim
Category: Case Summary Blog
Tags: Liberty Mutual

Mozdziers v. Aetna – Video Surveillance Supports LTD Claim Denial

May 11, 2020 // by Nick Ortiz

In Mozdzierz v. Aetna Life Insurance Company, the plaintiff (claimant) seeks long-term disability benefits from Aetna, the insurer of his ERISA-governed long-term disability plan. The Federal District Court (for the Eastern District of Pennsylvania) found that Aetna did not abuse its discretion in denying plaintiff’s …

Read moreMozdziers v. Aetna – Video Surveillance Supports LTD Claim Denial
Category: Case Summary Blog
Tags: Aetna

Traumatic Brain Injuries From Playing Football In The NFL

May 11, 2020 // by Nick Ortiz

A fast-growing lawsuit in the Eastern District of Pennsylvania has been filed against the NFL by nearly 4,000 former football players. They claim that the NFL “propagated its own industry-funded and falsified research to support its position” that athletes cannot receive long-term brain damage from playing football. The league’s highest medical …

Read moreTraumatic Brain Injuries From Playing Football In The NFL
Category: Long-Term Disability

Young v. Aetna – Aetna Committed Abuse Of Discretion In Denying LTD Claim

May 8, 2020 // by Nick Ortiz

The Court granted Plaintiff’s Motion for Summary Judgment: “As explained above, I have identified three primary reasons for determining that Aetna abused its discretion in denying Plaintiff’s benefits: Inappropriate reliance on unreliable findings by Drs. Topper, McPhee, and Polanco; failure to address Plaintiff’s qualifications and ability to …

Read moreYoung v. Aetna – Aetna Committed Abuse Of Discretion In Denying LTD Claim
Category: Case Summary Blog
Tags: Aetna

Sumpter v. MetLife – Court Rules LTD Lawsuit Is Frivolous

May 7, 2020 // by Nick Ortiz

In granting summary judgment for MetLife, the district court reasoned that when Sumpter became disabled, Delphi’s plan did not provide the benefit he sought and that he was not entitled to equitable relief. The U.S. Court of Appeals for the Seventh Circuit upheld this decision.

Read moreSumpter v. MetLife – Court Rules LTD Lawsuit Is Frivolous
Category: Case Summary Blog
Tags: MetLife

Gilmore v. Liberty Life – Court Finds No Reason To Doubt Claimant’s Credibility

May 7, 2020 // by Nick Ortiz

In this case, the plaintiff noted that the Policy’s states that “‘Proof’ means the evidence in support of a claim for benefits and includes, but is not limited to, the following.” Plaintiff thus argued that, while objective medical evidence may be sufficient to support a disability claim, it was not necessary to do so.

Read moreGilmore v. Liberty Life – Court Finds No Reason To Doubt Claimant’s Credibility
Category: Case Summary Blog
Tags: Liberty Mutual

Glenn v. MetLife – Understanding How Courts Evaluate Long-Term Disability Lawsuits

May 5, 2020 // by Nick Ortiz

A court must take into consideration the conflict of interest inherent in a benefits system in which the entity that pays the long-term disability benefits maintains discretionary control over the ultimate benefits decision. This is done by weighing the structural conflict as one of the many factors relevant to the benefits …

Read moreGlenn v. MetLife – Understanding How Courts Evaluate Long-Term Disability Lawsuits
Category: Case Summary Blog
Tags: MetLife

Good Morning America Host Discloses Myelodysplastic Syndrome Diagnosis

May 5, 2020 // by Nick Ortiz

Television personality Robin Roberts has disclosed that she has Myelodysplastic Syndrome, which can qualify an individual to receive long-term disability benefits. Myelodysplastic syndromes, commonly referred to as MDS, are not easily categorized. They encompass numerous different diseases and are a group of blood and bone marrow …

Read moreGood Morning America Host Discloses Myelodysplastic Syndrome Diagnosis
Category: Long-Term Disability, News

Potter v. Unum – Insurance Saleswoman Denied Disability After Selling Millions In Disability Insurance Policies

May 5, 2020 // by Nick Ortiz

One of the hardest things I must explain to clients is how the insurance company does not care about the client’s disabling condition. Disability insurance companies are for-profit corporations constantly seeking ways to increase their bottom lines. More often than not, they accomplish this by denying long-term disability claims. In this …

Read morePotter v. Unum – Insurance Saleswoman Denied Disability After Selling Millions In Disability Insurance Policies
Category: Case Summary Blog
Tags: Unum

Wittman v. Unum – LTD Denial Not Arbitrary And Capricious

May 4, 2020 // by Nick Ortiz

Anne Wittmann (“Wittmann”) was an attorney at Baker, Donelson, Bearman, Caldwell, Berkowitz PC (“Baker Donelson”). Unum Life Insurance Company of America (“Unum”) administered and underwrote the long-term disability (LTD) plan that covered Wittmann. Wittmann filed a claim for disability benefits on April 7, 2014, since she had not worked from …

Read moreWittman v. Unum – LTD Denial Not Arbitrary And Capricious
Category: Case Summary Blog
Tags: Unum

Bigham v. Liberty Life – With De Novo Review Court Should Conduct Bench Trial On The Record

May 4, 2020 // by Nick Ortiz

Case Name: Rose Bigham v. Liberty Life Assurance Company of Boston Court: United States District Court for the Western District of Washington at Seattle Type of Claim: Long-Term Disability Insurance Company: Liberty Life Assurance Company of Boston a/k/a Liberty Mutual Insurance Company (hereinafter “Liberty Life”) Claimant’s …

Read moreBigham v. Liberty Life – With De Novo Review Court Should Conduct Bench Trial On The Record
Category: Case Summary Blog
Tags: Liberty Mutual

Williams v. Standard – Court Rules In Favor Of Standard

May 4, 2020 // by Nick Ortiz

Defendant advances two grounds for terminating the plaintiff’s long-term disability benefits. First, the defendant contends the plaintiff does not qualify for an exception to the “Other Limited Conditions” provision under the Plan because he does not have a herniated disc with documented neurological abnormalities. Second, the defendant claims the …

Read moreWilliams v. Standard – Court Rules In Favor Of Standard
Category: Case Summary Blog
Tags: Standard

Wilkinson v. Sun Life – Sun Life Abused Its Discretion By Denying Benefits

May 4, 2020 // by Nick Ortiz

The Fourth Circuit held that Sun Life abused its discretion when it terminated Wilkinson’s benefits because he provided sufficient evidence to support his eligibility for coverage and because Sun Life’s decision to terminate benefits was not the result of a principled reasoning process and not supported by substantial evidence. The Fourth Circuit, …

Read moreWilkinson v. Sun Life – Sun Life Abused Its Discretion By Denying Benefits
Category: Case Summary Blog
Tags: Sun Life

Till v. Lincoln – Claimant Failed To Provide Adequate Documentation To Support Claim

April 30, 2020 // by Nick Ortiz

Lincoln denied the Plaintiff’s LTD claim. The plaintiff filed a lawsuit in Federal Court. Lincoln filed a motion for judgment as a matter of law, to which Till responded with a motion for summary judgment. After a full briefing, the district court entered an order granting Lincoln’s motion and denying Till’s. The district court also subsequently …

Read moreTill v. Lincoln – Claimant Failed To Provide Adequate Documentation To Support Claim
Category: Case Summary Blog
Tags: Lincoln

Smith v. Reliance Standard – Reliance Standard Committed Abuse Of Discretion

April 30, 2020 // by Nick Ortiz

In this case, Fredrick Smith (“Smith”) was employed as a plant manager for Charles Craft, Inc. (“Craft”) reaching back to the 1970’s. Through his job, he held group policies with Reliance Standard Life Insurance Company (“Reliance Standard”). Two of these polices included a long-term disability benefits plan and a life insurance policy. If an …

Read moreSmith v. Reliance Standard – Reliance Standard Committed Abuse Of Discretion
Category: Case Summary Blog
Tags: Reliance Standard

Mayer v. Mercy And LINA – Court Cannot Determine If Disability Plan Is A Church Plan

April 30, 2020 // by Nick Ortiz

Ursula Mayer (“Mayer”) was an employee of Mercy Health Services, LLC (“Mercy”) and was covered under a long-term disability insurance policy that was issued by Cigna Group Insurance (“Cigna”). She claimed that she was totally disabled according to the definition within the policy, that she applied for benefits with Cigna, and that her claim …

Read moreMayer v. Mercy And LINA – Court Cannot Determine If Disability Plan Is A Church Plan
Category: Case Summary Blog
Tags: Cigna, Life Insurance Company of North America (LINA)
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