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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 12

Disability Law Blog

Benefit Limitations In Long-Term Disability Claims For Musculoskeletal Disorders

July 31, 2023 // by Nick Ortiz

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 …

Read moreBenefit Limitations In Long-Term Disability Claims For Musculoskeletal Disorders
Category: Medical Eligibility for Long-Term Disability

What to Do After the Final Administrative Denial of Your Long-Term Disability Claim?

July 28, 2023 // by Nick Ortiz

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. …

Read moreWhat to Do After the Final Administrative Denial of Your Long-Term Disability Claim?
Category: Long-Term Disability Denials and Appeals

Cannon v. Aetna – Aetna Not Bound By SSA Disability Determination

July 24, 2023 // by Nick Ortiz

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 …

Read moreCannon v. Aetna – Aetna Not Bound By SSA Disability Determination
Category: Disability Case Summaries
Tags: Aetna

Dardick v. Unum – Court Upholds Cardiac LTD Claim Denial

July 24, 2023 // by Nick Ortiz

In Dardick v. Unum Life Insurance Company of America and First Unum Life Insurance Company, Unum succeeded in denying the claimant long-term disability insurance benefits. Dardick filed a lawsuit after Unum Life Insurance Company of America denied his claim for benefits under a group disability benefits plan provided by his previous …

Read moreDardick v. Unum – Court Upholds Cardiac LTD Claim Denial
Category: Disability Case Summaries
Tags: Unum

Gaines v. Aetna – Court Rules Aetna Refused To Credit Reliable Evidence

July 24, 2023 // by Nick Ortiz

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 …

Read moreGaines v. Aetna – Court Rules Aetna Refused To Credit Reliable Evidence
Category: Disability Case Summaries
Tags: Aetna

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: Social Security Disability, News

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 (LTD) 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 disability claim is and …

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 a Social Security Disability Interview

May 10, 2023 // by Nick Ortiz

Applying for Social Security Disability benefits can feel overwhelming. One of the most important steps in the process is your interview with the Social Security Administration (SSA). What you say during this conversation can significantly impact how your claim is evaluated. Most people focus on what they should say. But just as important is …

Read moreWhat Not to Say in a 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
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