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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.
Long-term disability coverage is important, especially for those in the oil, gas, or energy sectors. Workers often face dangerous conditions and physical demands in these industries that can lead to disability. These injuries range from minor sprains and strains to severe accidents and exposure to toxic substances, resulting in permanent disability. A long-term disability plan …
A vocational expert is a professional who provides testimony regarding the vocational aspects of a disability claim. The presence of a vocational expert in a Social Security Disability Insurance (SSDI) hearing can significantly influence the outcome of a claim. By providing insights into a claimant’s work-related abilities and limitations, vocational experts contribute essential information for …
The case involves a dispute over long-term disability (LTD) benefits between Geiger, the claimant, and Zurich American Life Insurance Company of New York (“Zurich”), the administrator of an ERISA-regulated benefits plan. Background Geiger worked at CBS News in New York as a writer/editor. In March 2018, at the age of 58, Geiger could not go …
Disability insurance claims for Amazon employees can be a crucial aspect of ensuring financial stability in times of unexpected hardship. Amazon employees often rely on disability insurance to provide a safety net when they cannot work due to illness or injury. Understanding the ins and outs of this process is essential for protecting one’s financial …
The plaintiff, Sutton, filed a lawsuit against MetLife, the defendant, for the wrongful denial of long-term disability benefits under his employer’s plan governed by ERISA (Employee Retirement Income Security Act). Background Under the disability plan’s policy documents, if an employee’s disability is attributable to a neuromuscular or musculoskeletal condition, benefits are normally paid for only …
Most US workers are impacted by workplace stress. A 2023 article by Zippia Research reported that 83% of US workers suffer from work-related stress. That same article also revealed that 25% of workers say their job is the number one stressor in their lives. Constant stress is a characteristic of a toxic work environment, which …
If you receive long-term disability benefits and have been approved for SSDI, you likely have questions. You may wonder if your insurance company can sue to recover the overpayment. The answer is it depends. What Happens If I Don’t Pay Back Long-Term Disability? Under certain circumstances, disability insurance companies may be able to take legal …
Recently, we appealed a claim denial issued by The Standard. The claim had been denied because the insurance carrier had determined that the claimant’s condition was caused or contributed to by a pre-existing condition. This is not an unusual basis for a long-term disability claim denial. However, upon further review, we determined this pre-existing denial …
It is not uncommon for a disability insurance company to order a peer review during the long-term disability appeal process. If your insurer has requested a peer review report, you may have received a letter that states something like: “We are writing to update you of the status of your appeal request for the above …
Are you or a loved one wondering how to apply for long-term disability? Understanding the process thoroughly is crucial to ensure you have the best chance of receiving the support you deserve. This post explains the application process and offers expert tips to help you navigate it confidently. This guide is written by a long-term …
The Social Security Administration (SSA) offers programs to provide financial assistance to those in need. Among these programs is the Social Security Disability Insurance (SSDI) program. Your SSDI claim may qualify for expedited TERI case processing if you have a terminal illness. What Is a TERI Case? The SSA established Terminal Illness (TERI) case processing …
Long-term disability insurance provides a source of income for those who are unable to work due to illness or injury. However, understanding the tax implications of long-term disability (LTD) benefits can be confusing. Many people wonder whether their LTD benefits are taxable and how much of their benefits will be subject to taxation. In this …
Chronic fatigue conditions are increasingly recognized for impacting a person’s ability to work and perform daily tasks. In many cases, sufferers of these conditions may need to resort to long-term disability (LTD) insurance. Unfortunately, the path to accessing these benefits is not always straightforward, with claimants often facing significant benefit limitations or wrongful denials. Claiming …
Staying afloat while waiting to be approved for disability benefits is a tricky issue in most cases. Help might be available while waiting for Social Security or long-term disability insurance payments, but you must piece it together. Below are some resources for claimants in the state of Florida. There may be similar resources available to …
Understanding the nuanced world of long-term disability (LTD) claims means understanding the differences between objective and subjective evidence. Objective evidence is physical, measurable proof of a condition, while subjective evidence typically comprises reported symptoms and experiences. The interplay of these two forms of evidence can significantly influence the outcome of a disability claim. Objective Evidence …
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 …
