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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.
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 …
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 …
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 how …
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 until then. Disability …
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 knowing …
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. The Role of …
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 …
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 infected by the …
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 operator for Mondelez. As an employee, she could receive disability benefits under the Plan. Aetna served …
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 …
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). Refer to …
On April 7, 2023, the United States District Court for the District of Massachusetts decided an ERISA long-term disability insurance case against the Unum Insurance Company of America. The Court ruled in favor of Unum. The claimant worked with Symbiotic LLC Plan as the Director of Software Quality Assurance. He had worked in the computer software and information …
If you’re applying for long-term disability insurance, you may be required to apply for Social Security disability benefits along with your LTD claim. You may even be offered the services of companies like Allsup and Advantage 2000 to assist with your claim. However, as a knowledgeable ERISA long-term disability and Social Security disability attorney, I …
Today we review Arenson v. First Unum Life Insurance Company that was decided by the United States District Court for the Northern District of Illinois. Gregg Arenson was a futures and options trade broker. He sued his former employer’s benefits administrator, First Unum Life Insurance Company (hereinafter “Unum”) under ERISA. He challenged Unum’s denial of his long-term disability …
Unum paid long-term disability (LTD) insurance benefits to Susan Moseley, but stopped paying after a period of time pursuant to the mental illness limitation in her long-term disability policy (a policy is also called a “plan” of benefits). Moseley appealed the case all the way to federal court, arguing that Unum abused its discretion as …
The Social Security Administration maintains all Social Security disability claim files in an electronic format. The instructions below will walk you through the process of obtaining and opening an encrypted CD from the SSA. How Do I Get a Copy of My Social Security Disability File? A claimant and/or an authorized representative has the right …
Jonni Marselle was covered for long-term disability (LTD) benefits under a group plan provided to Humana, Marselle’s former employer. Marselle was a consultant with Humana. The position was sedentary as it required her to constantly sit, occasionally stand, and occasionally walk. She mostly did computer work. Her disabilities included immunodeficiency, serious back pain, sinus infections, …
I’ve been away from case summaries for a bit. Going to turn that around with a recent decision in Foss v. Standard Insurance Company, Case No. 20-cv-2449, decided by the United States District Court for the District of Minnesota on August 19, 2022. Unfortunately, the Court ruled in favor of the insurance company. Plaintiff Caroline …
If your impairment does not meet or equal an impairment listing, the Social Security Administration’s medical-vocational or Grid rules come into play. SSA Grid rules may help disability applicants who are 50 years old or older get approved for Social Security disability benefits if they do not have helpful job skills or the job skills …
Ms. Fowkes does not contend the Plan’s written evidence requirement violates ERISA. Instead, she takes issue with MetLife's procedures to evaluate her LTD claim. In particular, she contends MetLife required her to present “objective evidence” supporting her LTD claim. At the hearing, she argued that MetLife did not consider the cumulative effect of her conditions in determining whether she adequately established disability. MetLife contends subjective reports of pain need not be taken at face value and argued at hearing that no disability is established even when considering Ms. Fowkes’s conditions in combination.
Are you ready to rejoin the workforce? A trial work period allows you to test the waters. During a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. Social Security does not consider services performed during the trial work period as …
When applying for disability insurance benefits, one crucial requirement is having medical evidence to support your claim. Your doctor may need to complete specific paperwork to support your claim, such as an Attending Physician’s Statement (APS) or Residual Functional Capacity (RFC) form. These forms detail your diagnoses, treatment, and any restrictions or limitations. However, some …
Not being able to earn an income can be scary. If you or a loved one cannot work due to an injury or medical condition, you have likely filed, or will soon be filing, an application for long-term disability insurance benefits. It is essential to know that your disability insurance company has certain obligations when …
According to the CDC, about 61 million adults in the United States have a disability. That means 1 in 4 adults have some disability, whether back problems, autoimmune disorders, heart diseases, vision impairment, or one of many other disabling medical conditions. Living with a disabling condition is tough enough on its own, but one of …