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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.
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. How Does Social Security Define a Disabling Impairment? To meet Social Security’s strict definition of disability, your condition must be …
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. Recently, the SSA announced a major change to how these reviews are handled, bringing them …
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.
A claimant with cardiac impairments lost his long-term disability (LTD) case against Unum at both the district court level and on appeal to the Tenth Circuit. The courts found that while Dardick’s cardiac conditions were not in dispute, the medical record failed to establish that those conditions actually prevented him from performing his sedentary occupation. …
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.
Case at a Glance Claimant Win Case Abrams v. Unum Life Insurance Company of America Court United States District Court for the Western District of Washington Decided December 27, 2022 Claim type Long-Term Disability (ERISA) Insurer Unum Employer Schwabe Law Firm Occupation Trial and Appellate Lawyer Conditions Long COVID, chronic fatigue syndrome (CFS) Disclaimer: This …
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 claimants to apply for SSDI. This ensures that …
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. …
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 level of appeal …
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 …
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 you submit an incomplete …
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 disability adjudicators, …