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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 | Disability Law Blog | Page 11

Disability Law Blog

Diaz v. Liberty Life – Court Rules LTD Claim Denial Was Supported

January 6, 2021 // by Nick Ortiz

In this case, David Diaz (“Diaz”) was the district manager at JM Family Enterprises, Inc. (“JM Family Enterprises”) between September 2010 and October 2015. JM Family Enterprises’ had an employee benefit plan which covered long-term disability benefits. This plan was insured by Liberty Life Assurance Company of Boston (“Liberty”). Under the plan, …

Read moreDiaz v. Liberty Life – Court Rules LTD Claim Denial Was Supported
Category: Disability Case Summaries
Tags: Liberty Mutual

Deroo v. Unum – Court Rules Job Suitable For Claimant Doesn’t Exist

January 6, 2021 // by Nick Ortiz

Carianne Deroo (“Deroo”) worked as an employee for Beaumont Hospital as a Clinical Nurse II. This role involved full-time work as a registered nurse which required patient care. Through her employment with Beaumont Hospital, Deroo was covered by a long-term disability benefits policy which was administered by Unum Life Insurance Company of America …

Read moreDeroo v. Unum – Court Rules Job Suitable For Claimant Doesn’t Exist
Category: Disability Case Summaries
Tags: Unum

Counts v. United Of Omaha – Court Rules United Of Omaha Must Pay Benefits

January 6, 2021 // by Nick Ortiz

Brenda Counts (“Counts”) previously worked as an employee of Denver Wholesale Florist-Flint as a flower sales specialist. Her job title was formally known as “Inside Sales Associate” which required “making sales calls, pulling product[,] and packing.” Through her job, she held a disability insurance policy with United of Omaha Life Insurance …

Read moreCounts v. United Of Omaha – Court Rules United Of Omaha Must Pay Benefits
Category: Disability Case Summaries
Tags: Mutual of Omaha

Conner v. Sedgwick – Court Finds Claim Denial Was Reasonable And Supported

January 6, 2021 // by Nick Ortiz

Lisa Conner (“Conner”) was a perioperative nurse at St. Vincent’s Medical Center. Through her employment, she held a policy under the Ascension Health (“Ascension”) Long-Term Disability plan. Sedgwick administered this plan. The language of the plan explained that: On May 20, 2013, Conner was in a car accident that left her …

Read moreConner v. Sedgwick – Court Finds Claim Denial Was Reasonable And Supported
Category: Disability Case Summaries
Tags: Sedgwick

Benson v. Hartford – Court Affirms Hartford LTD Claim Denial

January 6, 2021 // by Nick Ortiz

Keyton Benson (“Benson”) was employed by Tower Hill Insurance Group. Through his employer, Benson was eligible for long-term disability benefits through a policy issued by Hartford Life & Accident Insurance Company (“Hartford”). The policy language states that it will provide a policyholder with monthly payments if he has: In addition, the …

Read moreBenson v. Hartford – Court Affirms Hartford LTD Claim Denial
Category: Disability Case Summaries
Tags: Hartford

How To Improve Your Chances Of Getting Long-Term Disability Benefits

January 6, 2021 // by Nick Ortiz

In a perfect world, anyone who suffers from a physical or emotional disability would have the resources to seek treatment and provide for themselves without supplemental income. But since we live in the real world, many people struggle to make ends meet during a period of disability. Long-term disability insurance is supposed to provide …

Read moreHow To Improve Your Chances Of Getting Long-Term Disability Benefits
Category: Your Chances of Getting Approved for Disability Benefits

Own Occupation vs Any Occupation In Disability Insurance Claims

January 5, 2021 // by Nick Ortiz

The Definition of Disability One of the most important things to know is how disability is defined in your policy. Whether you have an employer-provided group policy or an individual policy, there are significant differences in the definitions of disability. Understanding these differences is crucial for filing successful long-term disability …

Read moreOwn Occupation vs Any Occupation In Disability Insurance Claims
Category: Long-Term Disability

Independent Medical Exams In Long-Term Disability Claims

January 5, 2021 // by Nick Ortiz

What Is an Independent Medical Examination? An independent medical examination (IME) is an exam performed by a medical professional not currently associated with your case. However, we don’t like using the term “independent” when referring to a medical examination ordered by a disability insurance company.  The word independent is …

Read moreIndependent Medical Exams In Long-Term Disability Claims
Category: Additional Parts Of A Claim That Do Not Happen in Every Case

Why Are Long-Term Disability Denials So Common After Two Years?

December 28, 2020 // by Nick Ortiz

Many people on long-term disability worry about whether they will continue to receive benefits beyond the two-year mark, and for a good reason: Long-term disability denials are common after two years because most disability insurance policies change the definition of disability or will no longer pay benefits for certain conditions after benefits …

Read moreWhy Are Long-Term Disability Denials So Common After Two Years?
Category: Long-Term Disability Denials and Appeals

Why Most Long-Term Disability Appeals Suck!

October 1, 2020 // by Nick Ortiz

When most people file a long-term disability appeal, it is a really basic, one or two-paragraph appeal letter that says, “Look, long-term disability insurance company. I really think you got this one wrong. I think there is more than enough evidence to support my long-term disability claim. I want you to go back, take another …

Read moreWhy Most Long-Term Disability Appeals Suck!
Category: Long-Term Disability Denials and Appeals

Should I File An Optional Long-Term Disability Appeal?

July 23, 2020 // by Nick Ortiz

If your disability insurance company has denied or terminated your long-term disability claim, you should review your insurance policy to familiarize yourself with your appeal rights and requirements. Specifically, you should determine how many appeals you have the right to or are required to file before you can file a lawsuit against your insurer. …

Read moreShould I File An Optional Long-Term Disability Appeal?
Category: Long-Term Disability Denials and Appeals

What The SSA Won’t Tell You About Applying For Social Security Disability

July 21, 2020 // by Nick Ortiz

When you apply for Social Security Disability Insurance benefits (DIB, also called SSDI or RSDI), Social Security does not tell you that you can (or should) hire a Social Security disability attorney to assist you in your claim. You Have The Right To Representation From The Beginning Many claimants know they can hire an attorney …

Read moreWhat The SSA Won’t Tell You About Applying For Social Security Disability
Category: Social Security Disability

A Closed Period Of Benefits In Social Security Disability Claims

July 21, 2020 // by Nick Ortiz

A “closed period” of benefits may be appropriate in Social Security disability claims where the claimant’s impairment has lasted for a continuous period of at least 12 months but improves to the point where the claimant is no longer disabled at the time the claim is ultimately decided (in other words, at the time of …

Read moreA Closed Period Of Benefits In Social Security Disability Claims
Category: Social Security Disability

Understanding The Treating Physician Rule In Social Security Disability Claims

July 21, 2020 // by Nick Ortiz

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. …

Read moreUnderstanding The Treating Physician Rule In Social Security Disability Claims
Category: Social Security Disability

The Five-Step Sequential Evaluation Process Social Security Uses To Determines Disability

July 21, 2020 // by Nick Ortiz

The Social Security Administration uses a five-step sequential evaluation process to decide whether you are disabled. These rules apply to you if you file any of the following applications for Social Security disability benefits: Supplemental Security Income benefits, Social Security Disability Insurance benefits, child’s insurance benefits, and …

Read moreThe Five-Step Sequential Evaluation Process Social Security Uses To Determines Disability
Category: Social Security Disability

Submitting New Evidence To The Appeals Council

July 21, 2020 // by Nick Ortiz

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 …

Read moreSubmitting New Evidence To The Appeals Council
Category: Social Security Disability

Speaking Engagements

July 21, 2020 // by Nick Ortiz

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 …

Read moreSpeaking Engagements
Category: News

Speaking Engagement With The National Alliance On Mental Illness (NAMI) Pensacola

July 21, 2020 // by Nick Ortiz

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 …

Read moreSpeaking Engagement With The National Alliance On Mental Illness (NAMI) Pensacola
Category: News

Social Security Disability Claims With A Criminal Record

July 21, 2020 // by Nick Ortiz

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 …

Read moreSocial Security Disability Claims With A Criminal Record
Category: Social Security Disability

Social Security Comic Book About Disability From 1965!

July 20, 2020 // by Nick Ortiz

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 …

Read moreSocial Security Comic Book About Disability From 1965!
Category: Social Security Disability

Social Security Benefit Calculation | SSA Calculator

July 20, 2020 // by Nick Ortiz

AARP recently launched its Social Security Benefits Calculator, a planning resource to help Americans decide when to claim benefits and to assist them in preparing for retirement. Many people question when they should claim Social Security benefits. Amazingly, more than half of those claiming retirement benefits in 2009 elected to receive benefits …

Read moreSocial Security Benefit Calculation | SSA Calculator
Category: Social Security Disability

Overview Of Rules And Requirements To Qualify For Social Security Disability

July 20, 2020 // by Nick Ortiz

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 …

Read moreOverview Of Rules And Requirements To Qualify For Social Security Disability
Category: Social Security Disability

A Response To The National Review’s Attack On Binder And Binder

July 20, 2020 // by Nick Ortiz

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 …

Read moreA Response To The National Review’s Attack On Binder And Binder
Category: Social Security Disability

How To Get A Quicker Social Security Disability Decision With A “Dire Need” Letter

July 20, 2020 // by Nick Ortiz

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 …

Read moreHow To Get A Quicker Social Security Disability Decision With A “Dire Need” Letter
Category: Social Security Disability
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