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Home | Disability Law Blog | Page 16

Disability Law Blog

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 claimant …

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 LTD …

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

You should not give up if the insurance company denies or terminates your claim for long-term disability (LTD) benefits.  Most employees have disability insurance coverage through a group plan with a private-sector employer. If your employer is large enough, or if you obtained your policy through an employee organization or union, then ERISA rules and regulations come into …

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

What Is Doctor Shopping And How Can You Protect Yourself?

July 15, 2020 // by Nick Ortiz

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. Understanding Doctor Shopping When we …

Read moreWhat Is Doctor Shopping And How Can You Protect Yourself?
Category: Medical Eligibility for Long-Term Disability

What Are My Chances Of Winning A Long-Term Disability Lawsuit?

July 15, 2020 // by Nick Ortiz

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.” …

Read moreWhat Are My Chances Of Winning A Long-Term Disability Lawsuit?
Category: Your Chances of Getting Approved for Disability Benefits

Why It’s Important To Tell Your Story To The Long-Term Disability Insurance Company

July 15, 2020 // by Nick Ortiz

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 …

Read moreWhy It’s Important To Tell Your Story To The Long-Term Disability Insurance Company
Category: Long-Term Disability

Why Is It So Hard To Win a Long-Term Disability Claim In Court?

July 15, 2020 // by Nick Ortiz

When you’re denied long-term disability (LTD) benefits, you must go through the administrative appeal 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 …

Read moreWhy Is It So Hard To Win a Long-Term Disability Claim In Court?
Category: Your Chances of Getting Approved for Disability Benefits

Why Your Long-Term Disability Appeal Should Include A “Day In The Life Of” Video

July 15, 2020 // by Nick Ortiz

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 can …

Read moreWhy Your Long-Term Disability Appeal Should Include A “Day In The Life Of” Video
Category: Long-Term Disability Denials and Appeals

What Are My Chances of Winning a Long-Term Disability Appeal?

July 15, 2020 // by Nick Ortiz

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 being said, your chances of winning …

Read moreWhat Are My Chances of Winning a Long-Term Disability Appeal?
Category: Your Chances of Getting Approved for Disability Benefits

Long-Term Disability Insurance Company Tricks And Tactics

July 15, 2020 // by Nick Ortiz

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 major disability insurance …

Read moreLong-Term Disability Insurance Company Tricks And Tactics
Category: Long-Term Disability

Your Credibility And How The Insurance Company Assesses Your Complaints In Long-Term Disability Claims

July 14, 2020 // by Nick Ortiz

When applying for long-term disability (LTD) 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 this blog post, we will …

Read moreYour Credibility And How The Insurance Company Assesses Your Complaints In Long-Term Disability Claims
Category: Medical Eligibility for Long-Term Disability

Why Your Doctor (The Treating Physician) Is Important In A Long-Term Disability Claim

July 14, 2020 // by Nick Ortiz

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 …

Read moreWhy Your Doctor (The Treating Physician) Is Important In A Long-Term Disability Claim
Category: Medical Eligibility for Long-Term Disability

Ten Traps That May Disable Your LTD Insurance Claim

July 14, 2020 // by Nick Ortiz

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, we share some of the most common long-term disability …

Read moreTen Traps That May Disable Your LTD Insurance Claim
Category: Your Chances of Getting Approved for Disability Benefits

Can I Be Denied Long-Term Disability For Refusing Surgery?

July 14, 2020 // by Nick Ortiz

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 …

Read moreCan I Be Denied Long-Term Disability For Refusing Surgery?
Category: Medical Eligibility for Long-Term Disability

How Long Do You Have To Be Disabled To Get Long-Term Disability Insurance Benefits?

July 14, 2020 // by Nick Ortiz

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 …

Read moreHow Long Do You Have To Be Disabled To Get Long-Term Disability Insurance Benefits?
Category: Medical Eligibility for Long-Term Disability
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