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Home | Disability Law Blog | Page 11

Disability Law Blog

Brown v. LINA – Can A Peer Review Physician Outweigh My Physician’s Opinion?

July 24, 2023 // by Nick Ortiz

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.

Read moreBrown v. LINA – Can A Peer Review Physician Outweigh My Physician’s Opinion?
Category: Disability Case Summaries
Tags: Life Insurance Company of North America (LINA)

Abrams v. Unum – Disabling Symptoms Matter, Not The Diagnosis

July 12, 2023 // by Nick Ortiz

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 …

Read moreAbrams v. Unum – Disabling Symptoms Matter, Not The Diagnosis
Category: Disability Case Summaries
Tags: Unum

Do You Have To Pay Back Long-Term Disability?

July 7, 2023 // by Nick Ortiz

Long-term disability (LTD) insurance provides financial support to individuals who become disabled and cannot work for an extended period. When claimants file disability claims with a long-term disability insurer, they may also apply for Social Security Disability Insurance (SSDI) benefits. In fact, most disability insurance policies require …

Read moreDo You Have To Pay Back Long-Term Disability?
Category: Long-Term Disability

Can I Get Disability Insurance While Living Abroad?

July 5, 2023 // by Nick Ortiz

Living abroad can be an exciting adventure, but it can also be a bit nerve-wracking if you’re relying on long-term disability insurance benefits to provide you with income. Fortunately, if you have an individual or group long-term disability insurance policy, you may still be able to collect benefits while living outside of the United States. …

Read moreCan I Get Disability Insurance While Living Abroad?
Category: Additional Parts of a Claim That Do Not Happen In Every Case

Social Security Disability Hearing Offices

July 3, 2023 // by Nick Ortiz

Social Security disability hearing offices are officially known as Offices of Hearings Operations (OHO). Previously, they were known as Offices of Disability Adjudication and Review (ODAR). Statistically, this is where most Social Security Disability claims will be approved. A Request for Hearing is the third step in the process and the second …

Read moreSocial Security Disability Hearing Offices
Category: Social Security Disability Hearings

Which Long-Term Disability Claims Win?

June 30, 2023 // by Nick Ortiz

Long-term disability insurance is designed to provide financial assistance to those who have become disabled and are unable to work for a long period of time. However, not all claims are approved, and many people are denied coverage. In this article, we will discuss the types of long-term disability claims that are most likely to …

Read moreWhich Long-Term Disability Claims Win?
Category: Your Chances of Getting Approved for Disability Benefits

What Is An Attending Physician Statement?

June 26, 2023 // by Nick Ortiz

One of the most commonly requested documents by disability insurance carriers is an Attending Physician Statement (APS). Attending Physician Statement forms are provided by your insurance company to be completed by your doctor(s). The medical information your doctor provides on the Attending Physician Statement could make or break your claim. If …

Read moreWhat Is An Attending Physician Statement?
Category: Medical Eligibility for Long-Term Disability

How ERISA Attorneys Help With Long-Term Disability Insurance Claims

June 23, 2023 // by Nick Ortiz

Long-term disability (LTD) insurance is a crucial safety net for many employees. These benefits provide financial security for a disabling illness or injury. While many employers offer LTD coverage as part of their benefits package, the claims process can often be complicated and frustrating, and many claims are denied. Why? Unlike Social Security …

Read moreHow ERISA Attorneys Help With Long-Term Disability Insurance Claims
Category: Working with a Long-Term Disability Attorney

SSA Publishes New Digestive And Skin Disorder Listings

June 19, 2023 // by Nick Ortiz

The Social Security Administration (SSA) is revising criteria in the Listing of Impairments used to evaluate claims. These changes will affect Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims for adults and children involving digestive disorders and skin disorders. Why Is the SSA Revising the Listing? This …

Read moreSSA Publishes New Digestive And Skin Disorder Listings
Category: News, Social Security Disability

Total vs. Residual Disability Insurance Claims

June 16, 2023 // by Nick Ortiz

When it comes to long-term disability (LTD) insurance, it’s important to understand the difference between total and residual disability. These two concepts can significantly impact your insurance benefits and coverage. In this article, we’ll take a closer look at what each term means and how they affect your insurance policy. What Is …

Read moreTotal vs. Residual Disability Insurance Claims
Category: Medical Eligibility for Long-Term Disability

Did Your Insurance Company Use The Wrong Policy Language To Deny Your Long-Term Disability Claim?

June 12, 2023 // by Nick Ortiz

Insurance companies often use “boilerplate” language when denying a long-term disability claim. Boilerplate language refers to a long-term disability denial letter that uses standard, pre-written language or a generic explanation rather than a detailed explanation specific to the individual’s claim. Boilerplate denials are often …

Read moreDid Your Insurance Company Use The Wrong Policy Language To Deny Your Long-Term Disability Claim?
Category: Long-Term Disability Denials and Appeals

Long-Term Disability Insurance Policy Provisions – Part II

June 9, 2023 // by Nick Ortiz

This is a continuation from Long-Term Disability Policy Provisions – Part I. Long-Term Disability Insurance – The “Maximum Benefit Period” Almost all long-term disability policies stop paying benefits when you turn 65 years old, or when you reach the federal retirement age. This is often referred to as the “maximum benefit period.” Your policy …

Read moreLong-Term Disability Insurance Policy Provisions – Part II
Category: Long-Term Disability

Long-Term Disability Insurance Policy Provisions – Part I

June 9, 2023 // by Nick Ortiz

Your long-term disability (LTD) insurance policy probably reads like most insurance policies, meaning that it is long, confusing and full of industry-specific terms of art that you will most likely have a hard time understanding unless you are a lawyer or insurance professional. In this article, I will explain some of the most important provisions …

Read moreLong-Term Disability Insurance Policy Provisions – Part I
Category: Long-Term Disability

Filing For Disability While A Jones Act Maritime Injury Case Is Pending

June 7, 2023 // by Nick Ortiz

A question we often hear is “Can I file for disability if I have a pending Jones Act Maritime Injury Case?” The short answer is – yes, you can apply for disability benefits while your Jones Act case is ongoing. Offshore workers can apply for disability benefits while a Jones Act claim is pending. Applying …

Read moreFiling For Disability While A Jones Act Maritime Injury Case Is Pending
Category: Long-Term Disability, Social Security Disability

How Long Does It Take To Get Social Security Disability Back Pay?

May 19, 2023 // by Nick Ortiz

Social Security Disability Insurance (SSDI) back pay or retroactive benefits are lump sum payments that cover the benefits you were entitled to but did not receive while waiting for your application to be approved. It can be a significant amount of money and is a welcome relief for many struggling to make ends meet while …

Read moreHow Long Does It Take To Get Social Security Disability Back Pay?
Category: Social Security Disability

What Is An Elimination Period In A Long-Term Disability Claim?

May 16, 2023 // by Nick Ortiz

If you’re looking into long-term disability or individual disability insurance, you may have come across the term “elimination period.” This is an important concept to understand as it can affect when you will receive benefits if you become disabled. In this article, we will explain what the elimination period in a long-term …

Read moreWhat Is An Elimination Period In A Long-Term Disability Claim?
Category: Long-Term Disability

10 Tips To Maintain Approval Of Your Long-Term Disability Benefits

May 12, 2023 // by Nick Ortiz

You should not assume that the insurance carrier will continue to pay benefits indefinitely once your long-term disability claim is approved. Your disability insurance policy may state that benefits are payable until you reach retirement age. However, it does not guarantee that you will automatically continue to be eligible to receive benefits …

Read more10 Tips To Maintain Approval Of Your Long-Term Disability Benefits
Category: Long-Term Disability

What Not To Say In Your Social Security Disability Interview

May 10, 2023 // by Nick Ortiz

Applying for Social Security disability benefits can be a daunting process. You must present your case to the Social Security Administration in the best possible light. What you do not say to the SSA is just as important, if not more so, than what you do. In this article, we discuss what not to say during …

Read moreWhat Not To Say In Your Social Security Disability Interview
Category: Social Security Disability

Non-Lawyer Advocates vs. SSDI Attorneys: Understanding the Differences

May 3, 2023 // by Nick Ortiz

Social Security Disability Insurance (SSDI) is a government program that provides financial support to individuals who are unable to work due to a disabling condition. However, applying for and receiving SSDI benefits can be a complicated and challenging process, which is why many individuals turn to Social Security disability advocates for help. …

Read moreNon-Lawyer Advocates vs. SSDI Attorneys: Understanding the Differences
Category: Working with a Social Security Disability Attorney

Which Doctor Should You See To Claim Long-Term Disability Benefits?

May 1, 2023 // by Nick Ortiz

If you’re unable to work due to a disabling condition, you may be eligible for long-term disability (LTD) benefits. However, obtaining these benefits is often a complex and challenging process. One of the key factors that can affect your chances of getting approved for long-term disability benefits is the medical evidence that you submit with …

Read moreWhich Doctor Should You See To Claim Long-Term Disability Benefits?
Category: Medical Eligibility for Long-Term Disability

Paquin v. Prudential – Insurer Wrongfully Disregarded Opinions Of Treating Physicians

April 27, 2023 // by Nick Ortiz

In this case, the claimant won a reinstatement of his long-term disability insurance benefits in the United States District Court for the District of Colorado. The Plaintiff’s Medical and Claim History:  Mr. Paquin worked for Transistor Devices, Inc. as a Business Development Director. In 2003, Mr. Paquin contracted encephalitis from a mosquito …

Read morePaquin v. Prudential – Insurer Wrongfully Disregarded Opinions Of Treating Physicians
Category: Disability Case Summaries
Tags: Prudential

Robinson v. Aetna – Court Remands Claim For Any Occupation Review

April 27, 2023 // by Nick Ortiz

Plaintiff Laverne Robinson brought a lawsuit against Aetna Life Insurance Company (“Aetna”) and Mondelez Global LLC Employee-Paid Group Benefits Plan (“the Plan”) for unpaid long-term disability (“LTD”) benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). Robinson was a former utility machine …

Read moreRobinson v. Aetna – Court Remands Claim For Any Occupation Review
Category: Disability Case Summaries
Tags: Aetna

What Not To Say At Your Social Security Disability Hearing

April 26, 2023 // by Nick Ortiz

If you’ve filed a Social Security disability claim and are headed to a hearing before an Administrative Law Judge (ALJ), it’s essential to be prepared. Knowing what to say and what not to say can make a significant difference in the outcome of your case. In this article, we’ll explore some common mistakes claimants make …

Read moreWhat Not To Say At Your Social Security Disability Hearing
Category: Social Security Disability Hearings

Medical Examinations For Social Security Disability Claims

April 18, 2023 // by Nick Ortiz

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 Medical Examinations (ME) or Consultative Examinations (CE). …

Read moreMedical Examinations For Social Security Disability Claims
Category: Social Security Disability
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