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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.
According to the Mental Health Foundation, nearly one in three people with a long-term physical condition also has a mental condition. Claimants with both mental and physical conditions may be concerned that their insurance company will apply a mental and nervous limitation to their long-term disability insurance claim. A mental health limitation should not apply …
Far too many people give up when denied Social Security disability benefits after a hearing because they feel like they have no further appeal rights. We have helped claimants get approved on a new claim even after receiving an unfavorable decision from a judge in a prior claim. If you’ve been denied by an Administrative …
Social Security Disability Insurance (SSDI) is a federal program that pays benefits to people who cannot work due to a disability. If you have a disability and are unable to work, you may be eligible for SSDI benefits. However, getting approved for SSDI can be a long and complicated process. Here are some things that …
Today, we will discuss the steps you should take if you previously received long-term disability benefits but the insurance company has terminated your claim. Here are the 3 steps to take following the termination of your long-term disability claim. Step 1: Request Your Claim File The first thing you need to do is request your …
Today, I’d like to delve into a crucial aspect of Social Security Disability Insurance (SSDI) claims: the “Grid Rules,” formally known as the “Medical-Vocational Guidelines.” These may be found in Appendix 2 to Subpart P of Part 404 of the Code of Federal Regulations. Note: They are called “Grid Rules” because the Rule, Age, Education, …
When applying for Social Security Disability Insurance (SSDI) benefits, one term that often comes up is the On-The-Record (OTR) decision. This article will discuss an OTR decision and how it can affect your claim. What Is an On-The-Record (OTR) with SSA? An OTR decision is a fully favorable decision given without having to attend a …
When it comes to filing for long-term disability (LTD) benefits, many people assume that a medical diagnosis is the golden ticket to approval. While a diagnosis is an essential part of the process, it is not the only criterion that insurers or adjudicators consider. Understanding the nuanced differences between diagnosis and functional impairment can significantly …
Will a personal injury settlement affect my Social Security Disability Insurance (SSDI) benefits? Should I apply for disability benefits with a personal injury lawsuit pending? Does a lump sum payment for my injury impact my disability claim? The short answer is personal injury claims do not affect SSDI benefits, but they generally do affect SSI …
How will a federal judge make a decision about an ERISA lawsuit? There are two standards of review in ERISA cases: (1) the de novo review standard and (2) the arbitrary and capricious standard (also called the “abuse of discretion” standard). The judge will determine which standard applies to your claim based on the language …
Long-term disability (LTD) insurance provides financial support to individuals who cannot work due to a disability. This type of insurance pays out a percentage of your pre-disability earnings to help maintain your quality of life. However, many people wonder whether they can continue to collect long-term disability benefits while returning to work in a different …
My name is Nick Ortiz, and I am a Social Security disability attorney. I recently interacted with one of our clients, who received a favorable decision two years after starting his initial application. He was happy and relieved to finally get this good news. This made me think of a question we get from many …
The Listing of Impairments describes impairments for each of the major body systems that Social Security considers severe enough to prevent a claimant from doing any gainful activity, regardless of his or her age, education, or work experience (you can find these impairments on our website in our articles on the disabilities that may qualify for benefits). Disability …
Social Security recognizes that it has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. The Compassionate Allowances (CAL) initiative is a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective …
Social Security Disability Insurance (SSDI) is a lifeline that many rely on when the unexpected strikes. SSDI is a federal program that provides financial support and other benefits to people who cannot work due to a disability. To qualify for SSDI, you must have a disability that has lasted (or is expected to last) 12 …
If you’re currently receiving Social Security Disability Insurance benefits, it’s important to understand that your benefits may not be permanent. The Social Security Administration (SSA) regularly conducts Continuing Disability Reviews to determine whether people are still entitled to receive benefits. The review performed by the SSA is entirely different from the periodic reviews conducted by …
The Social Security Administration (SSA) has added 12 new conditions to its list of Compassionate Allowances conditions. What Conditions Have Been Added to the List? Kilolo Kijakazi, Acting Commissioner of Social Security, has announced the addition of 12 new Compassionate Allowances conditions: 1p36 Deletion Syndrome, Anaplastic Ependymoma, Calciphylaxis, Cholangiocarcinoma, FOXG1 Syndrome, Leber Congenital Amaurosis, Metastatic …
Chemical and environmental sensitivities (CES) can lead to a wide array of disabling symptoms. In severe cases, these sensitivities can profoundly impact a person’s ability to work and complete regular life activities. When symptoms impact a person’s ability to perform their occupation, pursuing disability benefits is essential, especially if a claimant’s symptoms are specifically related …
Disability insurance can be a crucial lifeline for individuals who cannot work due to severe health conditions. One of the common health issues that lead to long-term disability claims is musculoskeletal disorders (MSDs). The impairments caused by these conditions are real and can significantly impact the ability to work. However, individuals filing claims for these …
Today, I want to talk to you about what to do after you receive your final long-term disability denial letter from the insurance company. When I say final, what that means is when you file for long-term disability benefits, if you’re denied, you usually have a right to at least one, if not two, appeals. …
In Gregory Cannon v. Aetna, a pharmacist challenged Aetna’s denial of short-term disability benefits, arguing the insurer ignored his symptoms, failed to follow internal procedures, and overlooked his Social Security approval. The court sided with Aetna, finding no abuse of discretion and concluding Cannon failed to provide sufficient objective evidence of disability.
In Dardick v. Unum Life Insurance Company of America and First Unum Life Insurance Company, Unum succeeded in denying the claimant long-term disability insurance benefits. Dardick filed a lawsuit after Unum Life Insurance Company of America denied his claim for benefits under a group disability benefits plan provided by his previous employer, Westcon Group, Inc. The U.S. District …
Plaintiff appealed the initial denial of benefits under the Plan, stating that her request for disability was not based solely on her thyroid surgery but rather on symptoms associated with lupus and chronic pain. On September 12, 2011, ALIC again upheld the denial of benefits to the Plaintiff. As allowed under ERISA, the Plaintiff sued to challenge that decision. Both parties moved for judgment on the administrative record.
In this case, the Court found that the Plaintiff's complaints of pain were credible there was no reason to question the Plaintiff's credibility. As such, the Defendants' motion for decision was denied and Plaintiff's motions was granted.
Today we review Abrams v. Unum Life Insurance Company of America that was decided by the United States District Court for the Western District of Washington. William Abrams was a trial and appellate lawyer for the Schwabe Law Firm. His disabilities were described as debilitating symptoms from an illness. Although the exact medical condition was …
