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Home | Disability Law Blog | Page 16

Disability Law Blog

Should I File An Optional Long-Term Disability Appeal?

July 23, 2020 // by Nick Ortiz

If your disability insurance company has denied or terminated your long-term disability claim, you should review your insurance policy to familiarize yourself with your appeal rights and requirements. Specifically, you should determine how many appeals you have the right to or are required to file before you can file a lawsuit against your insurer. Most …

Read moreShould I File An Optional Long-Term Disability Appeal?
Category: Long-Term Disability Denials and Appeals

What The SSA Won’t Tell You About Applying For Social Security Disability

July 21, 2020 // by Nick Ortiz

When you apply for Social Security Disability Insurance benefits (DIB, also called SSDI or RSDI), Social Security does not tell you that you can (or should) hire a Social Security disability attorney to assist you in your claim. You Have The Right To Representation From The Beginning Many claimants know they can hire an attorney …

Read moreWhat The SSA Won’t Tell You About Applying For Social Security Disability
Category: Social Security Disability

A Closed Period Of Benefits In Social Security Disability Claims

July 21, 2020 // by Nick Ortiz

A “closed period” of benefits may be appropriate in Social Security disability claims where the claimant’s impairment has lasted for a continuous period of at least 12 months but improves to the point where the claimant is no longer disabled at the time the claim is ultimately decided (in other words, at the time of …

Read moreA Closed Period Of Benefits In Social Security Disability Claims
Category: Social Security Disability

Understanding The Treating Physician Rule In Social Security Disability Claims

July 21, 2020 // by Nick Ortiz

Previously, the “Treating Physician Rule” provided that substantial weight should be given to the impairment opinions given by a treating doctor in a Social Security Disability Insurance claim. However, starting March 27, 2017, the Social Security Administration (SSA) will no longer prioritize the opinions of your personal doctors. Instead, these opinions will be considered equally …

Read moreUnderstanding The Treating Physician Rule In Social Security Disability Claims
Category: Social Security Disability

The Five-Step Sequential Evaluation Process: How the SSA Determines Disability

July 21, 2020 // by Nick Ortiz

Applying for Social Security Disability benefits can feel overwhelming. The process is complicated, and many people are unsure why their claim was denied or delayed. To make decisions, the Social Security Administration (SSA) uses a five-step evaluation process. This process is outlined in the federal regulations at 20 C.F.R. § 404.1520. Understanding these steps can …

Read moreThe Five-Step Sequential Evaluation Process: How the SSA Determines Disability
Category: Social Security Disability Basics

Submitting New Evidence To The Appeals Council

July 21, 2020 // by Nick Ortiz

The Appeals Council is the final level of administrative appeal following an unfavorable decision from an Administrative Law Judge (ALJ) in Social Security disability claims. Sometimes, evidence may not reach the ALJ before your hearing. Fortunately, you can still submit new evidence to the Appeals Council, provided the following conditions are met: Over time, the …

Read moreSubmitting New Evidence To The Appeals Council
Category: Social Security Disability

Speaking Engagements

July 21, 2020 // by Nick Ortiz

Currently Scheduled Speaking Engagements Nick Ortiz is not currently scheduled for any future speaking engagements. If you would like to contact Mr. Ortiz about giving a presentation to your group or organization, please contact the Ortiz Law Firm at (888) 321-8131. Previous Speaking Engagements “Handling A Social Security Disability Case”, March 28, 2011, for the …

Read moreSpeaking Engagements
Category: News

Speaking Engagement With The National Alliance On Mental Illness (NAMI) Pensacola

July 21, 2020 // by Nick Ortiz

NAMI Pensacola Speaking Engagement I just want to give a big thanks to NAMI Pensacola, our local chapter of the National Alliance on Mental Illness, for allowing me to speak to your group last night. I spoke about the basics of Social Security disability benefits and how mental illnesses may qualify for Social Security Disability …

Read moreSpeaking Engagement With The National Alliance On Mental Illness (NAMI) Pensacola
Category: News

Social Security Disability Claims With A Criminal Record

July 21, 2020 // by Nick Ortiz

I have seen other attorneys post that a criminal background will not keep a claimant from receiving Social Security disability benefits as long as the claimant does not have an outstanding felony warrant. This is mostly correct. However, there is one additional “felony impairment” rule: a claimant cannot receive Title II Disability Insurance benefits if …

Read moreSocial Security Disability Claims With A Criminal Record
Category: Social Security Disability

Social Security Comic Book About Disability From 1965!

July 20, 2020 // by Nick Ortiz

During the 1950s and1960s, the Social Security Administration published comic books relating to Social Security disability benefits and other Social Security issues in an effort to reach the younger individuals. Apparently, Social Security representatives recognized that comic books were an effective method of communicating with the youth of those days. Here is an excerpt relating …

Read moreSocial Security Comic Book About Disability From 1965!
Category: Social Security Disability

Overview Of Rules And Requirements To Get Social Security Disability

July 20, 2020 // by Nick Ortiz

The rules and requirements to qualify for Social Security disability cases are relatively straightforward. In short, to be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits, a claimant must satisfy both the medical and non-medical (financial) requirements for benefits. You should apply for benefits as soon as you …

Read moreOverview Of Rules And Requirements To Get Social Security Disability
Category: Social Security Disability Basics

A Response To The National Review’s Attack On Binder And Binder

July 20, 2020 // by Nick Ortiz

Today, the National Review published a partisan attack on the organization Binder & Binder and collaterally on the Social Security Disability system of benefits in an article titled Binder on Binder & Binder. Notice that I called Binder & Binder an organization, not a law firm. This is by choice, as it is not really …

Read moreA Response To The National Review’s Attack On Binder And Binder
Category: Social Security Disability

How To Get A Quicker Social Security Disability Decision With A “Dire Need” Letter

July 20, 2020 // by Nick Ortiz

Navigating the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claim process can be challenging and lengthy. Many claimants wait months for a decision on their claims, which often creates financial hardships for them. There is not much you can do to speed up the application process. If the SSA denies your application …

Read moreHow To Get A Quicker Social Security Disability Decision With A “Dire Need” Letter
Category: Social Security Disability

Quick Disability Determinations In Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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), use technology to identify claimants with the most severe disabilities and …

Read moreQuick Disability Determinations In Social Security Disability Claims
Category: Social Security Disability

Insider Tips For Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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 claim. This page is an …

Read moreInsider Tips For Social Security Disability Claims
Category: Social Security Disability

Late Appeals In Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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 …

Read moreLate Appeals In Social Security Disability Claims
Category: Social Security Disability

Evidence From Sources Who Are Not Acceptable Medical Sources In Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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 Disability by Other Governmental and …

Read moreEvidence From Sources Who Are Not Acceptable Medical Sources In Social Security Disability Claims
Category: Medical Eligibility for Social Security Disability

Surveillance By The Social Security Administration

July 20, 2020 // by Nick Ortiz

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 conducting …

Read moreSurveillance By The Social Security Administration
Category: Social Security Disability

Win Rates For Unrepresented Claimants vs. Attorney-Represented Claimants In Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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 representative. …

Read moreWin Rates For Unrepresented Claimants vs. Attorney-Represented Claimants In Social Security Disability Claims
Category: Working with a Social Security Disability Attorney

The Definition Of Disability And The One Year Rule In Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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 II (Disability Insurance Benefits) and …

Read moreThe Definition Of Disability And The One Year Rule In Social Security Disability Claims
Category: Social Security Disability Basics

ALJ Hearing Decisions In Social Security Disability Claims

July 20, 2020 // by Nick Ortiz

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 …

Read moreALJ Hearing Decisions In Social Security Disability Claims
Category: Social Security Disability Hearings

Do Insurance Companies Deny Everyone the First Time They Apply for Long-Term Disability?

July 20, 2020 // by Nick Ortiz

Insurance companies approve many claims at the initial application stage. However, many claims are prematurely terminated or cut off. Even if your long-term disability (LTD) claim is initially approved, your insurance company can terminate your monthly benefit payments for a number of different reasons. It is important to be familiar with the most common reasons that …

Read moreDo Insurance Companies Deny Everyone the First Time They Apply for Long-Term Disability?
Category: Your Chances of Getting Approved for Disability Benefits

How Do I Get Medical Treatment Without Income or Insurance?

July 17, 2020 // by Nick Ortiz

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 …

Read moreHow Do I Get Medical Treatment Without Income or Insurance?
Category: Long-Term Disability, Social Security Disability

How Many Long-Term Disability Appeals Can I File?

July 15, 2020 // by Nick Ortiz

The number of appeals available after a long-term disability (LTD) denial depends entirely on your specific insurance policy — most claimants have either one or two mandatory appeals before they can file a lawsuit. Knowing how many you have is not just administrative housekeeping; it determines your strategy, your timeline, and how urgently you need …

Read moreHow Many Long-Term Disability Appeals Can I File?
Category: Long-Term Disability Denials and Appeals
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