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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.
The Social Security Administration (SSA) is committed to providing Social Security disability benefits quickly to claimants whose medical conditions are so serious that they clearly meet Social Security’s strict disability standards. Social Security’s two fast-track processes, Quick Disability Determination (QDD) and Compassionate Allowances (CAL), …
National numbers and statistics show approximately 70% of all initial applications for Social Security disability benefits are denied by the Social Security Administration (SSA). This website is dedicated to educating you about the Social Security disability application and appeal process to try and increase your chance of winning your disability …
This is where many claimants go wrong. I cannot tell you how many times I have spoken with Social Security disability claimants who received an unfavorable Notice of Determination or Notice of Reconsideration, and then failed to take immediate action. It happens for many reasons. They put the letter aside out of frustration or despair. The claimant …
Note: SSR 06-03p was Rescinded by Federal Register Notice Vol. 82, No. 57, page 15263, effective March 27, 2017 SSR 06-03p is a Policy Interpretation Ruling in SSDI and SSI disability claims titled ‘Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims; Considering Decisions on …
It doesn’t happen very often, but every now and again a claimant will ask me if the Social Security Administration conducts surveillance to use against the claimant in processing continuing disability review (“CDR”) claims. Up until this weekend, I would have said, “No. Although possible, I have never heard of the Social Security Administration …
Applicants and claimants for Social Security disability claims often ask me whether they “really” need an attorney to represent them through the application and approval process for benefits. I would never state that you need to hire an attorney because a claimant may go through the entire appeals process without an attorney or other …
The definition of disability for Social Security claims is different from the definitions of disability used by insurance companies like New York Life or Unum. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. For all individuals applying for disability benefits under Title …
Once your Social Security Disability hearing is completed, the Administrative Law Judge (“ALJ”) will issue a written decision. The length of time it will take to issue the decision depends on the individual Judge. In the Pensacola, FL / Mobile, AL area, the time ranges from just a couple weeks to over six months. The …
I cannot emphasize enough that the most important part of a Social Security Disability claim is medical records. The most common response I receive from my clients is, “How am I supposed to see a doctor or go to the hospital if I don’t have any money or insurance?” This is a valid point. In fact, lack …
Doctor shopping is the practice of seeking out multiple doctors – often to either: (1) obtain a specific diagnosis or medication or (2) find one that agrees with you on your disability or illness. Doctor shopping is not just for claimants; insurance carriers have also been known to doctor shop. What Is Doctor Shopping? When …
People often ask us what the chances are that they will win a lawsuit in a long-term disability claim. It is impossible to answer with certainty because of the number of factors that go into the decision. However, I can speak from our firm’s own experience. First, we must clarify what we mean by “winning a lawsuit.” …
When you’re going through the long-term disability application process the insurance company will typically send you an application that has a few pages of questions for you. One of the questions is, “What is it about your condition(s) that keeps you from being able to work?” There might be two lines for you to fill in why …
When you’re denied long-term disability benefits, you must go through the administrative review process. If your appeals are unsuccessful, the next step is to go to court. Winning an LTD claim in court can often feel like an uphill battle. In this post, we’ll delve into the reasons why winning an LTD claim in court is so challenging. When you …
Creating a “Day In The Life Of” video to submit with your long-term disability appeal can be crucial to the success of your claim. Documenting your challenges and limitations on video can effectively convey the reality of your situation to the disability insurance claims adjuster. What is a Day in the Life of Video? A video …
We are often asked, “What are my chances of winning a long-term disability appeal?” This is impossible to answer with certainty because of the number of factors that go into the decision. These factors include, but are not limited to, your age, education, work history, disabling medical conditions, and the medical evidence. That …
When you file a long-term disability claim, remember that disability insurance companies are businesses looking to make a profit. These companies often use clever strategies to delay or deny your claim. If your insurance company has denied your claim, you should consider contacting a long-term disability attorney. We have extensive experience with …
When applying for long-term disability benefits, your credibility can be the linchpin of your case. Insurers scrutinize every detail, from medical records to personal statements, to ensure that claims are legitimate. Establishing and maintaining your credibility throughout the application process is crucial for securing the benefits you deserve. In …
What – or who – is a treating physician? A treating physician is a medical doctor who provides medical treatment for you and has or has had an ongoing relationship with you. There must be a history of treatment between the medical provider and the patient for the medical provider to be considered a treating …
The long-term disability claim process is often long and frustrating. Having to track down medical records and speak with insurance representatives can be tiresome, especially if you are dealing with the daily frustrations of your disability. You can help minimize your frustration by building a well-supported disability claim. Here, …
If you avoid following your doctor’s treatment plan as prescribed (like refusing to have surgery), the insurance company may claim that you are refusing to do what you need to do to get better so you can work and will deny your long-term disability claim for that. However, you should not be denied for failure to comply …
Having your long-term disability insurance claim approved is a significant first step towards receiving benefits. The next stage is waiting to receive payment. In a disability insurance policy, this is called the elimination period. What Is the Elimination Period? The elimination period is the period of time that you must wait to receive your first …
When applying for benefits, you must provide evidence to prove that you qualify for long-term disability benefits. You must provide your insurance company with medical records from only the doctors treating you for your disability. Providing medical records that are not related to your disability is irrelevant and could hurt your claim. The …
At the end of the day, a long-term disability claim is governed by a contract. You, perhaps through your employer, but with an insurance company, have an agreement where if you’re unable to work they’re to pay you benefits under the disability plan. Most people, when they’re given this type of benefit through their employer, they receive …
In October 2017, I received an email from a long-term disability defense attorney announcing his involvement in a webinar. The webinar’s title was “ERISA Wrongful Denial of Benefits Claims: Procedural Prerequisites and Key Defenses.” The email laid out the issues they were going to cover, which gives you insight into how an …